Telangana High Court
M/S Oakland Infra Private Limited vs The State Of Telangana on 21 May, 2025
THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA
CRIMINAL PETITION No.6583 OF 2025
ORDER:
This Criminal Petition is filed by the petitioners/accused
Nos.1 and 2, under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS), to quash the docket order dated 03.12.2024 in
Crl.M.P. No.275 of 2024 and docket order dated 18.03.2025 in
Crl.M.P. No.26 of 2025 in S.T.C. N.I. No.1 of 2024 on the file of
learned Principal Junior Civil Judge, Mancherial (for short ‘trial
Court’) and consequently direct the trial Court to recall the NBWs
(Non-Bailable Warrants) issued against the petitioners/accused
Nos.1 and 2 on 11.03.2024 without insisting their presence.
2. Heard Ms. V. Swetha, learned counsel for the petitioners/
accused Nos.1 and 2, and Mr. Jithender Rao Veeramalla, learned
Additional Public Prosecutor, appearing for the respondent No.1 –
State.
3. The case of the petitioners/accused Nos.1 and 2 is that the
complainant filed complaint under Section 200 Cr.P.C. which was
registered as S.T.C. N.I. No.1 of 2024 for the offence under Section
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138 of the Negotiable Instruments Act, 1881 (for short ‘Act’) wherein
summons were ordered to the petitioners/accused Nos.1 and 2 and
posted for their appearance on 05.02.2024. On 05.02.2024, as the
petitioners/accused Nos.1 and 2 were absent, the matter was
adjourned to 11.03.2024. As the petitioners/accused Nos.1 and 2
were not present even on 11.03.2024, the trial Court issued NBWs
against them and adjourned the matter to 22.04.2024. On 22.04.2024,
the petitioners/accused Nos.1 and 2, through their counsel, filed
petition under Section 70(2) of the Cr.P.C., seeking recall of NBWs
issued against them and the same was numbered as Crl.M.P. No.275
of 2024. Despite filing the said petition, it was kept pending till
03.12.2024 and during the said period, the trial Court granted as
many as fourteen (14) adjournments. Finally, on 03.12.2024, the trial
Court dismissed the said petition on the ground that the
petitioners/accused Nos.1 and 2 failed to submit medical reports
and no representation on their behalf. The petitioners/accused
Nos.1 and 2 paid costs on 17.10.2024 and also filed a memo which
was acknowledged by the complainant. Despite the same, the trial
Court has dismissed the petition seeking recall of the NBWs.
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4. It is further stated that subsequently, the matter was
adjourned from 10.01.2025 to 21.01.2025. On 21.01.2025, the
petitioners/accused Nos.1 and 2 filed another petition under
Section 72 of the BNSS seeking recall of NBWs which was numbered
as Crl. M.P. No.26 of 2025. After several adjournments, the above
petition was dismissed on the ground that earlier petition which
was filed seeking recall of NBWs was dismissed by order dated
03.12.2024. Subsequently, when the matter was posted on
29.04.2025, the trial Court directed the respondent No.1 to execute
the NBWs issued against the petitioners/accused Nos.1 and 2 and
submit report. The matter is posted for filing of report on
28.05.2025.
5. Learned counsel for the petitioners/accused Nos.1 and 2
submitted that the trial Court has erroneously passed the orders
dated 03.12.2024 and 18.03.2025 with a delay of ten (10) months and
three and a half (3½) months respectively, without considering the
medical reports submitted by the petitioners/accused Nos.1 and 2
in which it was stated that they underwent treatment for
Dengupyrexia, Duodenal D1 Erosive Gastritis, Hypertension, High
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Glade fever and Hyperpyrexia with respiratory tract infection.
Hence, the present petition is filed.
6. This Court, by order dated 14.05.2025, has issued notice to
respondent No.2 and the learned counsel for the petitioners/
accused Nos.1 and 2 was permitted to take out personal notice to
respondent No.2. Learned counsel for the petitioners/accused
Nos.1 and 2 filed the memo of proof of service vide U.S.R. No.50763
of 2025. The petitioners/accused Nos.1 and 2 also intimated
respondent No.2 through Whatsapp correspondence. There is no
appearance on behalf of respondent No.2.
7. Learned counsel for the petitioners/accused Nos.1 and 2
vehemently contended that against the order of issue of NBWs, the
petitioners/accused Nos.1 and 2 filed petition under Section 70(2) of
the Cr.P.C. for recalling the same and the trial Court, having kept
the same pending for sufficient period of time, dismissed the same
on 03.12.2024. Further, again on 18.03.2025, the trial Court
dismissed the petition filed under Section 72 of the BNSS on
21.01.2025 on the ground of dismissal of the earlier petition.
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8. Learned counsel for the petitioners/accused Nos.1 and 2
submitted that the trial Court ought to have recalled the NBWs by
giving opportunity to the petitioners/accused Nos.1 and 2 to
contest the case as they were not present on the said date of hearing
i.e. on 03.12.2024. The trial Court has dismissed the petition though
there is no necessity for the petitioners/accused Nos.1 and 2 to be
present on the said date of hearing.
9. Learned counsel placed reliance on the order of this Court in
Crl.P.No.12120 of 2023 dated 20.12.2023 wherein the learned Judge,
relying upon the decision of Madurai Bench of Madras High Court
in R.Sundar v. The Sub Inspector of Police, Lalgudi Police Station,
Lalgudi, Lalgudi Taluk, Trichy District 1 wherein it was held that
the presence of accused need not be insisted upon during the
proceedings for recall of NBWs. Following the same, the learned
Judge has allowed the above Crl.P.No.12120 of 2023 and recalled the
NBWs issued against the petitioner therein. It appears that the said
order squarely applies to the facts of this case.
1
Crl.R.C.(MD) No.1105 of 2023 and Crl.M.P.(MD) No.14125 of 2023 dated 26.10.2023
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10. Having considered the contentions of the learned counsel for
the petitioners/accused Nos.1 and 2 and material on record, this
Court is of the opinion that the trial Court ought to have recalled the
NBWs issued against the petitioners/accused Nos.1 and 2 without
insisting their presence and by considering their medical reports.
11. In view of the above, this criminal petition is allowed setting
aside the docket order dated 03.12.2024 in Crl.M.P. No.275 of 2024
and docket order dated 18.03.2025 in Crl.M.P. No.26 of 2025 in
S.T.C. N.I. No.1 of 2024 passed by the trial Court and consequently,
NBWs issued against the petitioners/accused Nos.1 and 2 on
05.02.204 and 11.03.2024 are recalled. Further, the
petitioners/accused Nos.1 and 2 shall appear before the trial Court
as and when required and the trial Court is at liberty to proceed
with the matter in accordance with law.
As a sequel, miscellaneous petitions pending, if any, shall
stand closed.
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JUSTICE NARSING RAO NANDIKONDA
May 21, 2025
MS/RRK
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THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA
CRIMINAL PETITION No.6583 of 2025
May 21, 2025
MS/RRK