IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50967 of 2007 Rajan Nanda, son of Late H.P. Nanda, Escorts Finance Limited, N-6, Pratap Building, Cannaught Place, New Delhi………………………………………………Petitioner. Versus 1. The State Of Bihar. 2. Raghvendra Nath Tiwary, son of Late Jitendra Nath Tiwary, resident of M.I.G.-H, Kankarbagh Colony, P.S. Kankerbagh, District-Patna. ………………………………………Opposite Parties. ---------------------------------- 11. 18.10.2011. Heard Mr. Anshuman Singh, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned A.P.P. for the State. The petitioner has approached this Court, under Section 482 of the Code of Criminal Procedure, for quashing the order dated 1.5.2006 passed by the court of Sri S.K. Mishra, Judicial Magistrate, First Class, Patna, in Complaint Case No.2793(C) of 2005, rejecting the petition of the accused-petitioner under Section 205 of the Code of Criminal Procedure for exemption from his personal appearance and also for quashing the order dated 6.2.2007 passed by the Additional sessions Judge, Fast Track Court No.IV, Patna, dismissing the Criminal Revision No.710 of 2006, as preferred by the accused-petitioner against the aforesaid 2 order. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the Chairman of the Escorts Finance Company, presently posted at New Delhi, and is also associated with numerous Companies, Organizations including Foreign Companies, Trusts and Societies. He filed a petition for exemption from his personal appearance under Section 205 of the Code of Criminal Procedure in Complaint Case No.2793(C) of 2005 pending in the court of the Sub Divisional Judicial Magistrate, Patna, which has been rejected by the trial court and the same was also not considered by the revisional court in true spirit of Section 205 of the Code of Criminal Procedure. Vide order dated 15.4.2010 passed in I.A. Nos.4-5 of 2010 in Special Leave to Appeal (Civil) No(s).1851 of 2010, the Hon’ble Apex Court has been pleased to stay the criminal proceeding of the several complaint cases alongwith the concerned Complaint Case No.2793(C) of 2005 (Raghvendra Nath Tewary Vs. Rajan Nanda and others) pending in the court of the Sub Divisional Judicial Magistrate, Patna, which would appear from Annexure-‘2’ to the supplementary affidavit filed on behalf of the petitioner 3 in this case. Learned counsel for the petitioner further submits that in similar nature of the cases filed against the petitioner and others, this Hon’ble Court vide order dated 27.11.2008 passed in Criminal Misc. No.1393 of 2008 (Rajan Nanda Vs. The State of Bihar and another), vide order dated 25.3.2010 passed in Criminal Misc. No.55989 of 2007 (Rajan Nanda Vs. The State of Bihar and another), vide order dated 7.4.2010 passed in Criminal Misc. No.57645 of 2007 (Rajan Nanda Vs. The State of Bihar and another), vide order dated 7.5.2010 passed in Criminal Misc. No.53595 of 2007 (Rajan Nanda Vs. The State of Bihar and another), vide order dated 26.7.2010 passed in Criminal Misc. No.6405 of 2007 (Rajan Nanda and another Vs. The State of Bihar and another) [Annexures-‘4’, ‘5’, ‘6’ ‘7’ and ‘8’ respectively to the supplementary affidavit filed on behalf of the petitioner in this case] have quashed the orders of refusing the prayer of the petitioner under Section 205 of the Code of Criminal Procedure in the concerned complaint cases and the personal appearance of the petitioner has been dispensed with. The allegation of the complainant-opposite party no.2 is that he had deposited the money worth Rs.1,63,000/- for three years, for the period from 31.3.2004 to 31.3.2007, in 4 Escorts Finance Limited of which the petitioner is Chairman. The complainant-opposite party no.2 was in need of money and approached the officials of the Company upto Delhi for premature payment, but the same was denied. Annexure-‘2’ to the supplementary affidavit filed on behalf of the petitioner in this case is the order dated 15.4.2010 passed in I.A. Nos.4-5 of 2010 in Special Leave to Appeal (Civil) No(s).1851 of 2010, whereby the Hon’ble Apex Court has been pleased to stay the criminal proceeding of the several complaint cases alongwith the Complaint Case No.2793(C) of 2005 (Raghvendra Nath Tewary Vs. Rajan Nanda and others) pending in the court below. From the impugned order dated 1.5.2006, whereby the prayer of the accused-petitioner for exemption from his personal appearance has been rejected, it appears that the learned Magistrate has refused the prayer of the petitioner stating that prima facie case for the offence under Sections 420, 406 and 120-B of the Indian Penal Code is made out, which is serious in nature. The revisional court vide order dated 6.2.2007 has also dismissed the Criminal Revision of the accused-petitioner on a conclusion that if in the present case, personal appearance of the accused-petitioner will be 5 exempted permanently, litigation of the case will become more like a civil litigation in which complainant will attend the court on every date, and the accused will contest the case through lawyer, with the help of usufructs of deposits of depositors. The provisions of Section 205 of the Code of Criminal Procedure casts discretion on the Magistrate to dispense with the personal attendance of the accused and permit him to appear by his pleader but the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner as provided. Admittedly, the petitioner is the Chairman of the Escort Finance Company and busy executive and he is residing at Delhi. It also appears from Annexure-‘2’ to the supplementary filed on behalf of the petitioner in this case that vide order dated 15.4.2010 passed in I.A. Nos.4-5 of 2010 in Special Leave to Appeal (Civil) No(s).1851 of 2010, the Hon’ble Apex Court has stayed the criminal proceeding of the several complaint cases alongwith the concerned Complaint Case No.2793(C) of 2005 (Raghvendra Nath 6 Tewary Vs. Rajan Nanda and others) pending in the court below. Considering the aforesaid facts and the circumstances of the case, the order dated 1.5.2006 passed by the court of Sri S.K. Mishra, Judicial Magistrate, First Class, Patna, in Complaint Case No.2793(C) of 2005, rejecting the application of the of the petitioner under Section 205 of the Code of Criminal Procedure and the order dated 6.2.2007 passed by the Additional Sessions Judge, Fast Track Court No.IV, Patna in Criminal Revision No.710 of 2006, upholding the order of the Magistrate, are hereby quashed. The petitioner is allowed to represent through his counsel under Section 205 of the Code of Criminal Procedure subject to condition that petitioner shall physically appear as and when required by the trial court and the petitioner shall not leave the country without taking prior permission of the trial court. Accordingly, this application stands allowed. P.S. (Rajendra Kumar Mishra, J)