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2015 Supreme(Pat) 65

ASHWANI KUMAR SINGH
Anand Swarup Agrawal – Appellant
Versus
@ Bada Saheb – Respondent


Advocates:
For the Petitioners: M/s N.K. Agrawal, Anujit Sinha.
For the Opp. Partys : Mr. Satyanand Shukla.

ASHWANI KUMAR SINGH, J.:–By the present application filed under section 482 of the Code of Criminal Procedure, the petitioners seek setting aside of the order dated 27th July, 2012 passed by the learned Judicial Magistrate 1st Class, Patna in Complaint Case No. 2340(C) of 2010, whereby an application filed under section 205 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) for exemption from personal appearance of the petitioners has been rejected.

2. Mr. N. K. Agrawal, learned senior counsel appearing on behalf of the petitioners has submitted that the learned Magistrate has erred in law while passing the impugned order. The petitioners are officers of a Company incorporated under the Indian Companies Act, 1956. They are busy businessmen. They reside at a far off place in Lucknow (U.P.) The case is not of serious nature and it would be extremely difficult for them to appear in person on each and every date in course of trial. He has further submitted that on a careful perusal of the allegations made in the complaint, it would appear that the ingredients of the offences for which cognizance has been taken are not attracted. The dispute between the parties is































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