SULTAN SINGH JAIN Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 561A, Criminal Procedure Code for ordering the exemption of the applicant from personal attendance at the hearings of a case under Sections 420, 120B and 109, Penal Code, on the ground that the trial of the case will require a very large number of hearings and that on account of the applicant's frequent presence his business will be practically ruined.

(2.) I have not heard the learned counsel for the parties on the merits as to how far, in the circumstances of this case, the applicant should be granted exemption, as I find that the Division Bench case of M.G. Desai v. Emperor, AIR 1932 All 504 goes against the applicant. It was held in that case :

(3.) IT was held that the case of the applicant did not come within the provisions of Section 540A, Criminal Procedure Code The application for exemption was rejected and it was also remarked :