2023 (10) TMI 1578

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....itioner's application for dispensing with his personal appearance under Section 205 of the Criminal Procedure Code (hereinafter referred to as the 'Code'). The fact in a nutshell is that the opposite party no.2 filed a complaint before the concerned Magistrate alleging, inter alia, that the petitioner along with his wife and mother are directors of two BVI (British Virgin Island) Company namely Jelenta Investment Lts. and M/s. Zenit Metallic Alloys Ltd. along with two other companies namely Fortune Brand Asia Limited and Zenith Metals Limited incorporated in Hongkong. It is further alleged that the petitioner and others have substantial share holding in all those companies. During search and seizure by the income tax authorities it revea....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....g with the personal appearance of an accused the only aspect which is to be looked into is whether the attendance of the accused is necessary for administration of criminal justice or not. Since in the facts and circumstances of the case the personal appearance of the petitioner is not required, he submits for passing necessary direction dispensing with the personal appearance of the accused before the trial Court under Section 205 of the Code. In reply to the contentions raised on behalf of the petitioner, Ms. Smita Das De, learned advocate for opposite parties submits that the petitioner, being one of the Directors of the companies has failed to disclose his income from running the companies based in foreign land and that due to such u....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... accused. While exercising the discretion in this regard, the Magistrate may take into account the nature of controversy. Besides that the Magistrate has to consider whether in useful purpose would be served by the requiring the personal attendance of the accused or whether progress of the trial is likely to be hampered on account of his absence. If any attempt is made to prolong the proceeding, the Magistrate is competent to pass any order as it deems fit and proper [See Gajanand Goyal and Ors. versus Asiya Begum reported in (2005) 12 SCC 331]. In Bhaskar Industries Ltd. versus Bhiwani Denim & Apparels Ltd. and Others reported in (2001) 7 SCC 401, the Hon'ble Supreme Court has held as follows:- "14. The normal rule is that the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....impugned order it is found that the learned Magistrate has not considered whether any useful purpose could be served by requiring the personal attendance of the accused or whether the progress of the trial is likely to be hampered on account of his absence. Since the nature of complaint precisely is based on documents, I am of the opinion that personal appearance of the petitioner may be dispensed with subject to certain conditions as follows:- i) That the accused petitioner shall submit a written undertaking before the learned Trial Court that he will not challenge his identity and the trial will proceed in his absence but in presence of his advocate-on-record. ii) The accused-petitioner shall also give written undertakin....