JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Calcutta High Court dismissing the application filed by the appellant under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Cr.P.C’). Challenge in the said application was to the order dated 26.9.2006 passed by learned Additional Sessions Judge, 7th Fast Track Court, Calcutta in Criminal Revision No. 36 of 2006 by which the order dated 2.2.2006 passed by learned Metropolitan Magistrate 11th Court, Calcutta in Case No. C-510 of 2003 was upheld. Learned Magistrate has rejected the appellant’s prayer for dispensing with her examination under Section 313 Cr.P.C. by examining of the pleader who was to represent her under Section 205 Cr.P.C. The proceeding was one under Section 138 of the Negotiable Instruments Act, 1881 (in short the ‘NI Act’). Appellant appeared before learned Magistrate on 2.6.2003 and was released on bail. On 31.1.2004 she was examined under Section 251 Cr.P.C. Since she was absent on 3.7.2004, warrant of arrest was issued against her but on 20.7.2004 she surrendered before learned Magistrate