Personal appearance exemption under criminal procedure may be granted where the accused cooperates and no prejudice is caused to prosecution.

Section 205 of the Code of Criminal Procedure, 1973 allows a trial court to dispense with an accused's personal attendance where appearance is not necessary and no prejudice is caused to the prosecution. In proceedings arising under the Prevention of Money Laundering Act, the High Court noted that the accused had cooperated in the investigation, undertaken not to dispute identity, agreed to be represented through counsel, and promised not to seek adjournments. Applying the settled purpose of the provision to avoid unnecessary harassment without delaying the trial, the Court allowed exemption from personal appearance subject to conditions and set aside the order refusing such relief.

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Issues: Whether the petitioner was entitled to exemption from personal appearance under Section 205 of the Code of Criminal Procedure, 1973 in the complaint arising under the Prevention of Money Laundering Act, 2002.

Analysis: The petition challenged the order refusing exemption from appearance. The Court noted that the petitioner had cooperated during investigation, had given an undertaking not to dispute identity, and had undertaken to be represented through counsel and not seek adjournments. It reiterated that Section 205 of the Code of Criminal Procedure, 1973 confers discretion on the trial court to dispense with personal attendance where attendance is not necessary, while preserving the power to require at any later stage. The Court applied the settled principle that the object of the provision is to avoid unnecessary harassment to the accused without causing prejudice to the complainant or delay in trial. It also considered the nature of the allegations and the limited monetary allegation referred to in the proceedings.

Conclusion: The petitioner was entitled to exemption from personal appearance, subject to the conditions imposed by the Court.

Final Conclusion: The impugned order was set aside and the petitioner's application for appearance through counsel was allowed with conditions, bringing the proceedings to a final end before the High Court.

Ratio Decidendi: Where the accused cooperates, undertakes not to dispute identity, and personal attendance is not necessary for the progress of the trial, the trial court may in its discretion dispense with appearance under Section 205 of the Code of Criminal Procedure, 1973, provided no prejudice is caused to the prosecution.

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