ANITA NANDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SMT . Anita Nanda, who is facing trial before Sub- Divisional Judicial Magistrate, Samrala, in complaint No. 30/2 dated 14.5.2001, filed by respondent No. 2 under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act'), has filed this petition under Section 482 of the Code of Criminal Procedure for setting aside the order dated 17.9.2005, passed by the trial Court, whereby an application filed by the petitioner for exemption from personal appearance has been dismissed.

(2.) I have heard the arguments of learned counsel for the parties and have gone through the impugned order.

(3.) A perusal of the impugned order shows that the trial Court, without giving any reason, has dismissed application of the petitioner only by observing that it is not a fit case to dispense with personal appearance of accused. In my opinion, the order passed by the trial Court is not sustainable. Section 205 of the Code of Criminal Procedure provides that whenever Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader. No further guidelines are mentioned under Section 205 of the Code. It is left to the discretion of the Magistrate to exercise his discretion judicially after recording reasons. The Supreme Court in M/s. Bhaskar Industries' case (supra) has observed as under :-