A.C. Kabbin, J.—The point for decision in this petition filed under Section 482 of Cr.P.C. is “whether an accused who has applied for permanent exemption from personal appearance is entitled to remain absent merely on the ground that his application has not been disposed of”.

2. In the prosecution, for an offence punishable under Section 138 of the Negotiable Instruments Act, the petitioner a Director of accused No. 1 Company sought for permanent exemption from appearance on the ground that he being a businessman staying in Delhi was required to visit different places and it would be inconvenient for him to attend the Court on all dates. The application was filed after closure of the cross-examination of PW1 i.e., the complainant and after the case had been posted for further evidence of the complainant. No decision was taken by the learned Magistrate on that application. In the next date i.e. on 31.1.2005, at the time of recording evidence of PW 2, since the petitioner was absent, an application under Section 205 of Cr.P.C. was filed seeking exemption for the day and that was granted. Thereafter, the case was posted to 5.2.2005 for the examination of accused under Section 313