CRLP/17130/2026 of M/s. AFFINE FORMULATIONS LIMITED, Vs THE STATE OF TELANGANA, on 14 October 2026

ORDER

This Criminal Petition is filed aggrieved by the order dated 16.09.2026 passed by the learned XV Additional Judge-cum-XlX Additional Chief Metropolitan Magistrate, Secunderabad, ln Crl.M.P.No. 15 50 of 2026 in S.T.C.NI.N o.6214 of 2025. wherein the application filed by the petitioners seeking to recall the Non- Bailable Warrant (NBW) issued against them was disrnissed

2. Heard Ms.Kanya Kumari, learned counsel representing M/s.Hyderabad Law Firm, for the petitioners and Mr.Jithender Rao Veeramaila, learned Additional Public Prosecutor for respondent No. 1

l. Notice in respect of respondent No 2 is dispensed with soleiy on the ground that the petitloners are not seeking any relief against respondent No.2 and is onll seeking recall ol the NBWs issued by the icameil trial Court

4. Learned counsel for the petitioners submits that the ' 'los'l to 3 in S"f c NI'No' 6214 0f 2025 petit ioners are accuscd '\ ancl are facing prosecution lor the otfence punishable under Section I 33 o1' the Ne gotiable . Instruments Act' I 881 ' Petitioner No' 1' M,'s. Alfine Formulations Limited' is a company' and petitioners Nos.2 and i are its Directors Petitioners Nos'2 and 3 are residents of lndore and coulcl not appear before the leamed trial Coufi on 09 03.2026 due to unavoidable circumstances' Consequently' the Ieamed trial Court issued non-bailable r'r'arrants (NBWs) against tht petitioners.'lhereatter' the petitioners fi1ed Crl'V'P'No l550 of 2(i26. irrvokine Section 70(2) of the Code of Crinrinal Procedure' 1973 (Cr.l'.C.), seeking,recall of the NBWs However' the learned trial Cor.u.t d ismissed the said apptication without assigning any reasons, ri'hich is contrar-v to law She further submits that the petitioner: are readl'and rvilling to abide by any conditions that mal be iirposed b1' this Court. Unless the NBWs issued against the petitioners are reca11ed, the petitioners would be put to great hardship.

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioners are arrayed as accused Nos.l to 3 in S.T.C.(NI) No.6214 of 2025 and are facing prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The learned trial Court issued non-bailable warrants (NBWs) against the petitioners. Thereafter, on 03.06.2026, the petitioners filed Crl.M.P.No.1550 of 2026, invoking Section 70(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking recall of the NBWs issued against them. However, by order dated 16.09.2026, the learned trial Court dismissed the said application by passing the following order: "Accused called absent when this petition is pending, so it is dismissed. "

6. During the course of hearing, learned counsel for the petitioners submits that the petitioners will appear before the leamed trial Court on 05.11.2026. the date on which the matter is posted for hearing

'7. Taking into consideration the peculiar facts and circumstances of the case, the impugned order dated 16.09.2026 passed by the learned trial Court is liable to be set aside and, accordinglv. the same is hereby set aside. Consequently, the NBWs issuecl against the petitioners are recalled, subject to the following conditions: i) The petitioners shall execute a personai bond for a surn of Rs.25,000/- (Rupees Twenty Five Thousand only) each with tu'o sureties to the satisfaction of the leamed trial Cour1. I'he petitioners shall file undertaking alfidavit before the h'ial Courl that they will appear before the trial Court u'henever their presence is required, and also they shall represent the mattel through their counsel each and every date of adjournment, in default, the learned trial Court is entitled to proceed with the matter. in accordance with law. ii)

8. Accordingly, the Criminal petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. i ! SD/- MOHD. OSMAN ALI BAIG, ASSISTANT REGISTRAR //TRUE COPY// += rrn o To, 8'" sEc FFICER

1. The XV Additional Judge-cum-XlX Additional chief Metropolitan Magiskate, Secunderabad

2. The Station House Officer, Begumpet police Station, Hyderabad. 3 Qne CC to M/s Hyderabad Law Firm IOPUCI

4. Two ccs to Public Prosecutor High court for the State of rerangana, at Hyderabad [OUT]

5. Two CD Copies KAM

HIGH COURT DATED: 1411012026

ORDER

CRLP.No.17130 of 2026 \ DISPOSING OF THE CRIMINAL PETITION fcofe 5 t+\ru\z-p kr ).\ f- {IF i C - s +' q$ $l \,,, C"t- + + H