IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5125 of 2010 AVADHESH SANGHI, SON OF LATE D. SANGHI, RESIDENT OF H-176, SARITA VIHAR, P.S. SARITA VIHAR, NEW DELHI. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY For the petitioner :- Mr. Anil Kumar Singh, Advocate Mr. Surinder Kumar, Advocate ----------- 2 11.5.2010 This application has been filed under Section 205 of the Code of Criminal Procedure for exempting the presence of the petitioner on each and every date. The ground taken by the petitioner is that he is a resident of Delhi and it would be a traversity of law if he is to appear on each and every date to file his ‘Hazri’. Learned counsel for the petitioner submits that he is ready to appear as and when required by the Court and is willing to contest the case. On merits it has been submitted that the case under Section 138 of the Negotiable Instrument Act has wrongly been filed by the complainant as no legal dues were pending to be paid to the complainant. It is submitted that the complainant had stopped payment although there were sufficient fund in his bank account, as he had enquired, and come to the conclusion that his C&F agent had already withdrawn his dues and had not deposited certain amount of funds in the account of the petitioner. However, this Court is making no comments on the merits of the case. In the result, the order dated 23.11.2009, passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1857(C) of 2009 is set aside. This application is allowed. Sanjay (Sheema Ali Khan, J.)