(1.) THE present petitioner has been facing a prosecution under Section 138 of the Negotiable Instruments Act, before the Learned Metropolitan Magistrate, 8th Court, Calcutta. In connection with the said proceeding the petitioner's personal appearance during the day to day proceedings of the case has been exempted in terms of the provisions of Section 205 of the Code of Criminal Procedure by the Court below on condition that he shall appear in Court for recording of his plea under Section 251 and for his examination under Section 313 of the Code of Criminal Procedure.
(2.) HEARD the learned advocate appearing on behalf of the petitioner as well as the learned advocate of the opposite party. Perused the impugned order.
(3.) THIS application succeeds and stands allowed.