NARENDRA GOEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision has been filed challenging the judgment and order dated 10th April, 2000 passed by the learned Sessions Judge, Khurda at Bhubaneswar, imposing conditions for return of the passport to the petitioner for visit to United States of America ('USA', for short).

(2.) Facts leading to this case are that opposite party No. 2 has filed a complaint case bearing I CC No. 629 of 1998 in the Court of the learned Sub-divisional Judicial Magistrate, Bhubaneswar, alleging commission of offence under Section 138 of the Negotiable Instruments Act ( 'the Act', for short). In the said complaint case an application was filed on behalf of the petitioner under Section 205, Cr.P.C. to dispense with his personal appearance. The said application was objected to by opposite party No. 2 on the ground that the amount involved runs into crores of rupees and physical appearance of the petitioner is necessary for trial. The prayer was also objected to on the ground that the petitioner is determined to dispose of the assets of the company and remain absent from the country and that the provisions of Section 205, Cr.P.C. is not applicable to special statute. The learned Magistrate after considering the averments of both the sides allowed the application by order dated 31.5.99 on the condition that he shall not leave the jurisdiction of India without leave of the Court and produce his passport in the Court. In compliance of the said order he petitioner produced his passport in the Court. On 23.2.2000 the petitioner filed an application for return of the passport and prayed for grant of leave to go to USA during the months of April-May, 2000 to attend a convocation function there and to stay with his children for their well-being. The said application was again objected by opposite party No. 2 and the learned Magistrate after considering the submissions allowed the application on condition that the petitioner would execute a bond for a sum of Rs. 3,000/- with two solvent sureties to the satisfaction of the Court. The said order of the learned S.D.J.M. dated 16.3.2000 was challenged by opposite party No. 2 in Criminal Revision No. 29 of 2000 before the learned Sessions Judge, Khurda. The learned Sessions Judge disposed of the revision by his order dated 10.4.2000 modifying the condition to the extent that the passport would be returned to the petitioner on furnishing security to the tune of rupees one core with two solvent sureties each for the like amount and further directed that the American Embassy in a letter rogatory would issue a tourist visa to the petitioner valid till end of May, 2000 which shall not be extended thereafter under any circumstances. The said revisional order is under challenge before this Court.

(3.) Shri Sanjit Mohanty appearing for the petitioner challenges the said order on the following grounds: