PRAMOD BHASHIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri N.K. Agrawal, learned Senior counsel appearing for the petitioner, and the learned A. P.P. for the State.

(2.) AGGRIEVED by order dated 9.6.2006 passed by Sri B. Tiwari, J.M. 1st Class, Patna in Complaint Case No. 290(C) of 2004 whereby his prayer for exemption under Section 205 of Cr.P.C. has been rejected the petitioner has challenged the validity and correctness of the said order.

(3.) IT has been submitted on behalf of the petitioner that no offence under Section 406 of the I.P.C. could be said to have been made out against the petitioner as no amount was paid by the complainant to the accused and the complainant had failed to show that there had been no case of wrongful loss caused to them for wrongful gain to the petitioner company. It has also been submitted that the petitioner being the President and Chief Executive Officer of the Succeeding company and residing at Gurgaon it would be a matter of great hardship if he was required to be present in court at Patna on all dates. The petitioner has also undertaken that they will not dispute their identity and shall be represented by the lawyer on every date.