IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 192 OF 2025 Between: Kukkatapu Jaya Satyanarayana, S/o. Late Raghavendra Rao, Aged about 32 years, R/o. D. No. 3-154, Kothapet, Atmakuru, Mangalagiri (M), Guntur District. ...PETITIONER/SOLE ACCUSED AND 1. The State of Andhra Pradesh, Through the Station House Officer, Mangalagiri P.S., Rep.by its Public Prosecutor High Court of Andhra Pradesh Amaravathi. 2. Shaik Masthan bi,, W/o. Mohammad Gani, Aged about 51 years, R/o. Atmakuru Village, Mangalagiri (M), Guntur District ...RESPONDENTS/COMPLAINANT Revision filed under Section 438 R/w 442 of BNSS praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to aggrieved by the aside the Non- Bailable warrant issued vide its order dt. 06.02.2025 in C.C.No. 109 of 2024(Annexure-1) on the File of the I Addl. Junior Civil Judge, Mangalagiri lA NO: 2 OF 2025 Petition under Section 482 R/w 442 BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in C.C.No. 109 of 2024 on the File of the I Addl. Junior civil Judge, Mangalagiri with respect to the Petitioners herein. Counsel for the Petitioner : SRI KALAKOTI SUNIL KUMAR Counsel for the Respondents : PUBLIC PROSECUTOR Counsel for the Respondents No.2 : NONE APPEARED The Court made the following ORDER ; w APHC010074332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE N0.192 OF 2025 Between: Kukkatapu Jaya Satyanarayana ...PETITIONER AND ...RESPONDENT(S) The State of Andhra Pradesh and anither Counsel for the Petitioner: 1.KALAKOTI SUNIL KUMAR Counsel for the Respondent(S): 1.PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Revision Case has been filed against the docket order dated 06.02.2025 passed in CC No.109 of 2024 by the learned I Additional Junior Civil Judge, Mangalagiri. A private complaint was filed against the petitioner 2. herein/accused for the offence punishable under Section 138 ▼ 2 read with 142 of the Negotiable Instruments Act, 1881, as amended by Act 66 of 1988, and the same was taken on file as CC No. 109 of 2024 on the file of the learned I Additional Junior Civil Judge, Mangalagiri. In the said CC, when the petitioner herein/accused was called absent on 06.02.2025 and filed to furnish the sureties, the learned Magistrate passed the following order. “Complainant, Counsel for complainant and counsel for accused are present. Petition is filed and same is dismissed. As complainant {sic., accused) failed to furnish sureties despite sufficient time and opportunity by this Court from 29.10.2024 till date. Docket reveals that, Non- bailable warrant was cancelled against accused on his petition on 28.08.2024 and again cancelled Non-Bailable warrant issued against him vide order Criminal Petition No.722 of 2024 dated 29.10.2024 which shows accused is intentionally not appear before the Court and failed to furnishing sureties. A1 on 21.01.2025 was called absent. No representation on his behalf till 11.15 a.m., and no steps were taken for his absence. Hence issue Non-Bailable warrant against accused on payment of process by 27.02.2025.” 3 <V 3. Learned counsel for the petitioner/accused submits that the petitioner/accused is ready to furnish the sureties and, in view of issuance of NBW, the petitioner is not in a position to furnish the sureties. He further submits that on the date of issuance of NBW, learned counsel appearing on behalf of the petitioner/accused was present in the Court. 4. In view of the aforesaid facts and circumstances of the case, this Court is inclined to allow the Criminal Revision Case. 5. Accordingly, the Criminal Revision Case is allowed and the impugned docket order dated 06.02.2025 passed in CC No. 109 of 2024 by the learned I Additional Junior Civil Judge Mangalagiri, is set aside. The petitioner herein/accused is directed to appear before the learned Magistrate within a period of two (2) weeks from the date of receipt of a copy of this order and make appropriate application, under Section 72(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the trial Court for recalling of NBW issued against him and, on making such application, the learned Magistrate shall consider the same and recall the NBW issued against the petitioner herein, on such terms and conditions, in accordance with law, on the same day 4 and further the learned Magistrate is directed to permit the petitioner/accused to furnish the sureties. As a sequel thereto, the miscellaneous petitions, if any. pending in this Criminal Revision Case, shall stand closed. SD/- K.TATA RAO DEPUTY REGISTRAR \ //TRUE COPY// SECTION OFFICER 1. THE I Addl. Junior Civil Judge, Mangalagiri (with records if any) 2. OneCCto SRI. KALAKOTI SUNIL KUMAR Advocate [OPUC] 3. Two CCs to the Public Prosecutor High Court of Andhra Pradesh at Amaravathi [OUT] 4. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi To, 5. THREE CD COPIES SD TAC w \ HIGH COURT DATED:13/02/2025 % ORDER CRLRC.No.192 of 2025 g 2 5 FEB 2125 . Current aecuon . :5' ALLOWING THE CRLRC