KALIDAS MUKHERJEE, J.

1. THIS is an application under Section 397/401 of the Code of Criminal Procedure assailing the order dated May 4, 2010 passed by the learned Judicial Magistrate, 6th Court, Alipore in connection with the complaint case No. AC-3361/2009 wherein the learned Magistrate was pleased to direct the petitioner to appear personally before the Court without adjudicating the application under Section 205 of the Code of Criminal Procedure.

2. The complainant filed the case against the accused for the commission of the alleged offence under Sections 427, 114, 506(II) and 447 of the Indian Penal Code. After the filing of the case the learned Court issued summons under Sections 427 and 453 of the Indian Penal Code as stated in paragraph 4 of the application. In pursuance thereof the accused filed an application under Section 205 Cr.P.C. praying for dispensing with his personal appearance in Court.

It is the contention of the petitioner that he is a business man and the Managing Director of M/S. Gee Pee Infotech Pvt. Ltd. which deals in manufacturing of mobile phones and accessories and exports their goods to various parts of India and abroad. In connection with such