Madras High Court
CRL OP/30129/2026 of Indla Bala Subbaiah Vs HDFC Bank Limited on 16 October 2026
CRL OP No. 30129 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 30129 of 2026
CNR: {HCMA012412352026}
Indla Bala Subbaiah
..Petitioner
Vs
HDFC Bank Limited,
Represented by its Sathish,
CEEBROS Building No.110, 4th Floor,
Nelson Manickam Road,
Aminjikarai,
Chennai
..Respondent
Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Learned XXII Additional Judge, City Civil Court, Chennai, to consider the Petitioner’s application for the recall of Non bailable Warrant, on the petitioners surrender on the same day in connection with in Crl.A.No.1005 of 2025 dated 03.08.2026 on the file of the Leaned XXII Additional Judge, City Civil Court, Chennai.
For Petitioner:
Ms.S.Sharmila
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ORDER
This Criminal Original petition has been filed to direct the learned XXII Additional Judge, City Civil Court, Chennai to recall the non-bailable warrant issued against the petitioner in Crl.A.No.1005 of 2025 on the date of surrender before the Appellate Court.
CRL OP No. 30129 of 2026
2. The petitioner was convicted by the Trial Court for an offence punishable under Section 138 of the Negotiable Instruments Act in S.T.C.No.9574 of 2024. Aggrieved by the order of conviction, the petitioner preferred an appeal in C.A.No.1005 of 2025 before the learned XXII Additional Judge, City Civil Court, Chennai. Pending appeal, due to the non-appearance of the petitioner, the Appellate Court issued a Non-Bailable Warrant against him on 03.08.2026.
3. The learned counsel appearing for the petitioner would submit that due to unavoidable circumstances, he was unable to appear before the learned XXII Additional Judge, City Civil Court, Chennai, in respect of the case in Crl.A.No.1005 of 2025 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither wilful nor wanton and he undertakes that the petitioner shall appear before the Appellate Court regularly on all future hearing dates without fail.
4. Heard the learned Counsel appearing for the petitioner and perused the materials placed on record.
5. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the Learned XXII Additional Judge, City Civil Court, Chennai, on the next hearing and to file a
CRL OP No. 30129 of 2026
petition under Section 72(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, to recall NBW already issued against him. On filing of such petition, the learned Judge is directed to consider the same on its own merits in accordance with law and pass orders on the same day.
6. It is made clear that while considering the petition to recall NBW, the Appellate Court shall bear in mind about the period of Non Bailable Warrant and any crime committed while pending Non Bailable Warrant. Mere direction issued by this Court to consider the application on the same day, does not amount to direction to consider the recall petition favourably.
7. With the above direction, this Criminal Original Petition is disposed of. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP/PSK To The XXII Additional Judge, City Civil Court, Chennai.
CRL OP No. 30129 of 2026
G.K.ILANTHIRAIYAN, J. LPP CRL OP No. 30129 of 2026 (3/3) 16-10-2026