IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18638 of 2010 JALEES AKMAL & ORS Versus STATE OF BIHAR & ANR ----------- 2 30.08.2010 The petitioners are aggrieved by the order dated 4.5.2010 passed in Complaint Case No. 1244 of 2009 by which the Judicial Magistrate, Ist Class, Sasaram has rejected the prayer of the petitioners for exemption from personal appearance under Section 205 Cr.P.C. In my view, since the matter under Section 205 Cr.P.C. is between the Court and the accused persons, I do not find it necessary to issue notice to the opposite party and proceed to hear this application without his appearance. Considering the facts of the case that the petitioners have not been implicated in the present complaint in their personal capacity and the matter arises out of a financial dispute also that the accused persons are ready to give an undertaking that they will be present in 2 the Court on the day required by the Judge concerned and will not dispute their identity, this application is allowed and the order dated 4.5.2010 passed in Complaint Case No. 1244 of 2009 by Judicial Magistrate, Ist Class, Sasaram is hereby set aside. Bibhash ( Anjana Prakash, J.)