1999 (7) TMI 581

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....is in charge of the company affairs at Bombay. As the Company Secretary, who has to represent the company in all matters on a day to day basis, his presence is required in Bombay. The second petitioner is an Industrialist and Chairman of the company and he is also director of many other companies. The third petitioner is a full time Director of the company, who co-ordinates various divisions in the company at Bombay. The 4th petitioner is the General Manager, Marketing, who has to meet various customers in various parts of Madras. The 5th petitioner is the corporate head of the company division at Germany, who also travels out of India to various countries. The 7th petitioner is the Commercial Head of the company. The 8th petitioner is the ....

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....owever, it was returned on 7-6-1999 with an endorsement. Copies are given only all accused are present. The 4th petitioner filed a revision before the IV Additional Sessions Court, Madras and obtained stay of all further proceedings. Now, warrant has been issued against the petitioners. The petitioners have been kept in the dark about the nature of the accusation. It has been held by this Court that presence of the accused for obtaining copies under sections 204 and 205 is not mandatory. 5. Heard the learned counsel for the petitioners. 6. The learned counsel for the petitioners/accused 'contended that in respect of the business dealings done by the company, the materials and records will speak. The company had already filed suit C.S.....

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....in A.S.K. Rama Iyer v. T. Kannan 1980 L.W. Crl. 31, wherein it is observed that the powers of the Court under section 205 have to be exercised in each case where the provisions are invoked, having regard to the circumstances of each case, the condition of the accused, the necessity for his personal attendance and the interests of justice. To lay down in advance what the Magistrate is 'pleased' to call a 'policy' is wooden, mechanical, arbitrary and violative of the provisions of section 205, because that provision contemplates the Court dispensing with the personal appearance of the accused and permitting him to appear by his pleader, if the Magistrate sees reason so to do. This decision is applicable to the case in all fours. 8. The lea....