LAWS(J&K)-2001-7-15

MOHD YOUSUF WANI Vs. SURESH SETHI

Decided On July 19, 2001
Mohd Yousuf Wani Appellant
V/S
Suresh Sethi Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) ADMIT . Mr. Syed Mir Ghulam Nabi takes notices on behalf of respondents. It seems that Mohd Yousuf Wani respondent filed complaint (File No. 45, date of Inst. 25 -01 -1998, date of decision: nil) under section 420 RPC against the present petitioner on the allegations that the petitioner (accused) cheated the respondent and the respondent was put to wrongful loss of Rs. 66,000/ -. The trial court after being satisfied of the prima facie genuineness of the complaint, took cognizance, and issued bailable warrants on 08 -10 -1999 for securing the presence of the petitioner for 03 -12 -1999. The petitioner (accused) in the complaint did not appear on 03 -12 -1999 but submitted an application under section 205 Cr.P.C. praying for dispensation of the personal attendance of the accused in the proceedings. The trial court heard and considered the arguments of the learned counsel for the parties and came to the conclusion that personal attendance of the accused was essential during trial and rejected the prayer to exempt the accused vide order dated 14 -07 -2000. This order of rejection dated 14th of July, 2000 was challenged in revision before 3rd Addl. Sessions Judge, Srinagar. The parties were heard by the 3rd Addl. Sessions Judge and the order of the trial court dated 14 -07 -2000 was set aside by his order dated 17 -11 -2000, with the direction to dispense with the personal attendance of the accused during entire period of trial.

(3.) IT is this order dated 17 -11 -2000 which has been challenged in the present proceedings under section 561 -A.