SHAKUNTALA Vs. VIRUPANNA S

JUDGEMENT

(1.) RESPONDENT is a private complainant and petitioner is the accused in C. C. No. 606/98 on the file of the Court below wherein the latter is being proceeded against for an offence under Section 138 of the Negotiable Instruments Act ('the Act' for short ). Petitioner is represented by her learned counsel in the case before the learned Magistrate. She has been enlarged on bail on 26-2-1999 and her plea of not guilty is also recorded on 31-12-1999.

(2.) ON 31-12-1999, after her plea was recorded, the petitioner being a widow and a permanent resident of Bangalore City, an application under Section 205, Cr. P. C. on her behalf was filed praying that the learned Magistrate may be pleased to exempt her from personal attendance at the trial in the case, on the ground that as a woman accused from Bangalore she had to experience a lot of difficulty and hardship in attending the trial Court on all the dates of hearing. That application has been rejected by the learned Magistrate by his order dated 19-10-2000 on the ground that Non Bailable Warrant had to be issued against her to secure her attendance on the previous dates of hearing. Aggrieved by that order, she has approached this Court for redressal of her grievance.

(3.) AS submitted by her learned counsel, the identity of the petitioner in the said C. C. No. 606/98 is not in dispute. This submission would remain as a part of the record thereof.