IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4350 OF 2025 Between: 1. P.M.P Textiles Spinning Mills Limited, represented by its Managing Director, Pitchai Muthu Swamy, S/o. Muthu Swamy, aged about 64 years, Tangam Nagar, Pagalpatti, Dharmapuri 636 807, Tamilnadu State. 2. Pitchai Muthu Swamy, S/o. Mpthu Swamy, Managing Director of P.M.P.Textiles Spinning Mills Limited, aged about 64 years. 3. Rajeswari Muthu Swamy, W/o. Pitchai Muthu Swamy, Director of P.M.P.Textiles Spinning Mills Limited, aged about 58 years. 4. Raja Ram Pitchai Muthu Swamy, S/o. Pitchai Muthu Swamy, aged 36 years. Director of P.M.P. Textiles Spinning Mills Limited. Petitioner No.2 to 4 are residents of T-Block, 27/12, 4*'^ Main Road, Anna Nagar, Chennai-600040, Tamilnadu State. ...PETITIONERS/ACCUSED No.1 to 4 AND 1. The State of Andhra Pradesh, Represented by the Public Prosecutor High Court at Amaravathi. 2. Meda Vemanath, S/o. Meda Narasimhulu, Proprietor of Saikrishna Cotton Traders, resident of bearing Door Number 3/1314 Upstairs, Near Vasavi Nagar, T.B.Road, Proddatur town, Kadapa District, A.P. ...RESPONDENTS/COMPLAINANT Petition under Section Old 482 of Cr.P.C (New under Section 528 of BNSS) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the docket Order dated 03.10.2019 passed in C.C. No. 410 of 2019 on the file of Hon'ble 1®* Additional Judicial Magistrate of 1®‘ Class, Proddatur, and allow the Criminal Petition. I.A. No: 2 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circi]^stances stated in the Memorandum of Grounds of Criminal Petition, the htrgh Court may be pleased to grant stay of all further proceedings including the execution of the Non Bailable Warrant issued against the Petitioners in C.C. No. 410 of 2019 on the file of Hon’ble 1®^ Additional Judicial Magistrate of 1®* Class, Proddatur. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T. Diwakar Reddy, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2. The Court made the following ORDER: 1 CRLP. NO.4350OF2025 APHC010190152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4350/2025 Between: P.m.p Textiles Spinning Mills Limited and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused{S): 1.T DIWAKAR REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 CRLP. No.4350 OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4350 of 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioners submits that the petitioners were arraigned as A.1 to A.4 in C.C. No.410 of 2019 on the file of the Court of the I Additional Judicial Magistrate of First Class, Proddatur, for alleged offences under Sections 138 and 142 of the Negotiable Instruments Act, 1881. 3. The learned counsel for the petitioners submits that soon after the receipt of summons, the petitioners duly engaged a counsel. However on a subsequent date of hearing i.e. on 03.10.2019, the learned Magistrate dismissed the application filed by the learned counsel under Section 317 Cr.P.C. and issued non-bailable warrants against the petitioners. The pendency of the non-bailable warrants was not communicated to the petitioners by their counsel on record. Subsequently, the petitioners engaged a new counsel, through whom they have recently been apprised of the pendency of the non bailable warrants. 4. It is submitted that, upon becoming aware of the subsisting warrants the petitioners sought to file an application under Section 70(2) Cr.P.C. seeking recall of the warrants. However, the office of the learned 3 CRLP. NO.4350OF2025 Magistrate returned the petition citing an objection that such an application must be accompanied by the personal appearance of the petitioners. 5. The learned counsel for the petitioners further submits that there is apprehension of arrest in the light of the long pendency of the non bailable warrants. 6. Having considered the submissions, the criminal petition stands disposed of with a direction to the petitioners to move an appropriate petition before the learned Magistrate for recall of the warrants within 15 days from the date of receipt of this order. The learned Magistrate shall consider the said petition and recall the non bailable warrants by imposing the necessary conditions as required for expeditious disposal of the C.C. No.410 of 2019. Till such time, the execution of the NBWs against the petitioners shall remain stayed. 7. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. Sd/- P. VINOD KUMAR ASSISTANT REGISJRfAR t)FFICER //TRUE COPY// SE To 1. The 1®* Additional Judicial Magistrate of 1®* Class, Proddatur. 2. One CC to Sri T.Diwakar Reddy, Advocate [OPUC] 3. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies. Chp gi CHP HIGH COURT DATED:23/04/2025 ORDER CRLP.No.4350 of 2025 DISPOSING OF THE CRIMINAL PETITION