H F SHAJAHAN Vs. AGATE FINANCE LTD

JUDGEMENT

(1.) THE petitioner, who is the third accused in a case pending in Crime No. 10129 of 2003 on the file of the XI Metropolitan Magistrate, Saidapet, Chennai seeks a direction to the lower Court to dispose of the petition filed under Section 205 Cr.P.C. THE case is one where offences under Sections 120-B, 406 and 409 IPC are lodged against the petitioner and two other accused.

(2.) THE ground on which the petitioner has sought the relief of dispensing with appearance of Section 205 Cr.P.C is that he is a Minister of the Union Territory of Pondicherry, he is holding the Chairmanship of several societies and organizations and is also Chairman of various Government and Legislature committees. Informing that the petitioner has moved a discharge petition, the petitioner further informs that his daily official programmes are very closely scheduled and that as a person in responsibility, he attends to several developmental programmes. He conducts various meetings with higher officials of the various departments. In short, the contention of the petitioner is that given the nature of his functions and his various pre-occupations, it would be necessary that his personal appearance be dispensed with by the lower Court. THE petitioner has further informed that the complainant is trying to tarnish his image and that his non-appearance may not hinder or delay the proceedings of the above case. He also has informed that his non-appearance would not be challenged and that he will be represented by a counsel, who would attend on all hearing dates and co-operate with the lower Court for expeditious trial of the case.

(3.) GIVEN the rival submissions and in the background put forth, this Court is of the considered view that no prejudice would be caused to the respondent/complainant, if a direction is issued to the lower Court to consider the petition under Section 205 Cr.P.C, as the decision upon such petition would be solely at the discretion of the lower Court and upon the merits of the case.