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TMI Blog2023 (10) TMI 1045X X X X Extracts X X X X X X X X Extracts X X X X ..... r'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 her husband and mother-in-law 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 rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spensing 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 her income from running the companies based in foreign land and that due to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vided." Under this Section, the Magistrate is competent to dispense with personal attendance of the 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 any 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a housewife or a businesswoman is not of such material and the only aspect is to be looked into whether her attendance before the Court is necessary in the facts and circumstances of the case. The case of the complainant is based on documents. From the 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 her 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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