IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7488 of 2011 1. BANWARI LAL JALAN, SON OF LATE SUBH KARAN JALAN, RESIDENT OF 5, CLIVE ROW, P.S. HARE STREET, KOLKATA – 700 001, STATE – WEST BENGAL. 2. PRAVIN JALAN, SON OF SRI BANWARILAL JALAN @ ARUN KUMAR JALAN @ ARUN KUMAR JALLAN BOTH RESIDENT OF CLIVE ROW, P.S. HARE STREET, KOLKATA – 700 001, STATE – WEST BENGAL. ------ PETITIONERS. Versus 1. THE STATE OF BIHAR 2. NILOPHER NAHID, D/O LATE QUSIMUDDIN AHMAD, PROPRIETOR, DIGITAL SHOPE, 508, JAGAT TRADE CENTRE, P.S. KOTWALI, DISTT. PATNA. OPPOSITE PARTIES. ----------- 2. 04.03.2011 Heard the parties. The petitioners have sought quashing of the order dated 24.2.2010 passed by the Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 2206(C) of 2009 by which an application filed under Section 205 Cr. P.C. has been disallowed. It has been submitted that in fact, the financial dispute has led to institution of the present Complaint which contained no criminal intent. The further submission is that the petitioners are the resident of West Bengal and they would be put to great difficulty if they are directed to appear before the court below on each and every date. The further undertaking is that they shall appear before the court as and when the court desired them to do so. In view of the fact that since an application filed under Section 205 Cr. P.C. for dispensing with personal 2 attendance, is a matter between the accused and the Court without noticing the Complainant, considering the submission adversed on behalf of the petitioners, this application is allowed. The petitioners shall give undertaking before the court below that they will appear on such date directed by the court below and if they fail to do so , their bail bond shall be cancelled With these observations, the application is allowed. S.Ali ( Anjana Prakash, J.)