( 1 ) BY this application under section 401 read with section 482 of the Cr. PC what is challenged is an order dated 26. 9. 2006 passed by the learned Additional sessions Judge, 7th Fast Track Court, Calcutta in Criminal Revision No. 36 of 2006 confirming thereby the order dated 2. 2. 2006 passed by the learned metropolitan Magistrate, 11th Court, Calcutta in case No. C-510 of 2003 wherein the learned Magistrate rejected the petitioner's prayer for dispensing with her examination under section 313 Cr. PC by examination of the pleader who was to represent her under section 205 of Cr. PC.

( 2 ) IT was a case under section 138 of the N.. Act. The petitioner appeared before the learned Magistrate on 2. 6. 2003 and was released on bail and then on 31. 1. 2004 she was examined under section 251 Cr. PC. On 3. 7. 2004 as she was absent warrant of arrest was issued against her but on 20. 7. 2004 she surrendered before the learned Magistrate and was released on bail. Then recording of evidence was completed, a date was fixed for her examination under section 313 Cr. PC. 5. 5. 2005 was the date fixed for examination of the accused under section 313 Cr. PC but on that day she was absent by a

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