MICHAEL P. CANN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, who is the Managing Director of M/s. Climate System India Ltd., has filed this petition under Sec. 482 Code Criminal Procedure to dispense with his personal attendance in Criminal Case No. 270-A/94 pending in the Court of Civil Judge (Junior Division)-cum-Judicial Magistrate 1st Class Tijara under the following circumstances.

(2.) In short the facts of the case are that the Senior Inspector, Factories & Boilers, Bhiwadi has filed a complaint against the petitioner and one Ashu Sagar under the Factories Act, 1948. There is no dispute that the charges against the petitioner are not of serious nature and the offences are triable as summons case. The petitioner moved an application before the trial Magistrate under Sec. 205 Code Criminal Procedure to exempt his personal attendance in the case, but the said prayer was rejected vide order dated March 4,1995. The learned Magistrate has observed in the order that the charges against the petitioner are not of serious nature, but still he declined the petitioner to grant exemption from personal attendance. Hence, this petition under Sec. 482 Criminal Procedure Code. has been filed.

(3.) The contention of the learned counsel is that the offences, under which, the complaint has been filed are triable as summons case and they are of petty nature concerning with some irregularities in the factory premises. It was also contended that the petitioner is a foreign national and to compell him to attend the Court on all dates of hearing would cause him great inconvenience, besides huge monetary loss. Learned counsel contended that the petitioner can be properly represented and defended by his counsel and there is no impediment in exempting his personal attendance.