BIJAY AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 397/401 of the Code of Criminal Procedure assailing the order dated May 4, 2010 passed by the learned Judicial Magistrate, 6th Court, Alipore in connection with the complaint case No. AC-3361/2009 wherein the learned Magistrate was pleased to direct the petitioner to appear personally before the Court without adjudicating the application under Section 205 of the Code of Criminal Procedure.

(2.) The complainant filed the case against the accused for the commission of the alleged offence under Sections 427, 114, 506(II) and 447 of the Indian Penal Code. After the filing of the case the learned Court issued summons under Sections 427 and 453 of the Indian Penal Code as stated in paragraph 4 of the application. In pursuance thereof the accused filed an application under Section 205 Cr.P.C. praying for dispensing with his personal appearance in Court.

(3.) It is the contention of the petitioner that he is a business man and the Managing Director of M/S. Gee Pee Infotech Pvt. Ltd. which deals in manufacturing of mobile phones and accessories and exports their goods to various parts of India and abroad. In connection with such business the petitioner has to travel in different parts of India as well as abroad. It has been contended in the application that it would cause much hardship to him to attend the learned Court on each and every occasion in connection with the present case. In the application it has also been stated that (a) An Advocate on his behalf would be present in the Learned Court whenever the case is taken up in his absence. (b) The petitioner is not disputing his identity as the petitioner/accused in this case. (c) The petitioner will not dispute any evidence recorded in his absence by the learned Court but recorded in the presence of his learned Advocate. (d) The petitioner would be present on any day when his presence is required by the learned Court. With this averment the accused/petitioner filed an application under Section 205 Cr.P.C. before the learned Court below.