IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.344 of 2008 1. LAKHAN LAL SAO, 2. ASHOK KUMAR AND 3. AJAY KUMAR ….. Petitioners Versus 1. THE STATE OF BIHAR AND 2. SHREE JANKI COLD STORAGE PVT. LTD. ….. Opposite Parties. ----------- For the Petitioners : Mr. Sandeep Kumar, Adv. For the O.P. : Mr. Ajit Kumar Sinha, Adv. ----------- 3. 2.12.2008. This revision has been filed against the order dated 12.3.2008 passed by S.D.J.M., Nalanda at Biharsharif in Complaint Case No.1292 © of 2006 thereby the petition filed by the petitioner under section 205 Cr.P.C. has been rejected. Heard the learned counsel for both the parties. It appears from the record that the case is based on complaint petition. Both the parties are members of the Board of Director of M/S Shree Janki Cold Storage Private Ltd. Cognizance has been taken on the complaint petition under sections 406, 420, 409, 506 and 120(B) of the I.P.C. It is submitted by the petitioners that petitioner are busy businessmen and one of the petitioners is also old aged about 70 years. The main dispute is with regard to the Cold Storage. The offence is not of a grievous nature. The court below has not properly considered and has rejected the petition filed under section 205 of the Cr.P.C. On the other hand, the learned counsel for the opposite party vehemently opposed the prayer of the petitioners and submitted that several cases have been lodged against each others. Allegations are - 2 - N.H./ also serious in nature and in some of the cases, they are also appearing personally. Considered the submission of the learned counsel for both the parties. The admitted position is that several cases are pending against each other. The main dispute is with regard to the Cold Storage. The case regarding Cold Storage is also pending before Company Board. The offence does not appear to be grievous or serious in nature. Under the facts and circumstances, this application is allowed. The impugned order is hereby set aside. The learned Magistrate is directed to dispense with the personal attendance of the petitioners under section 205 of the Cr.P.C. However, the petitioners are directed to appear before the court below whenever desired by the lower court. ( Ghanshyam Prasad )