Back
BIBEK CHAUDHURI
Shiv Siddhant Narayan Kaul – Appellant
Versus
Inslovency And Bankruptcy Board Of India – Respondent
JUDGMENT
Bibek Chaudhuri, J. - The petitioner is impleaded as an accused in complaint Case No.INS 1 of 2020 under Section 236 of the Insolvency and Bankruptcy Code (IBC) alleging commission of offence by him and other accused persons punishable under Section 70(1)(b) read with Sections 19(1) and 34(3) of the IBC. The said complaint is pending before the Trial Judge, 2nd Special Court, Calcutta for trial and disposal.
2. In the said proceeding filed by the Deputy General Manager, Insolvency and Bankruptcy Board of India, the petitioner filed an application under Section 205 of the Code of Criminal Procedure for exempting him from personally appearing before the trial court on each and every date of the said criminal proceeding on 9th March, 2021. Subsequently, on 31st March, 2022 he filed a supplemental application to the original application under Section 205 of the Cr.P.C annexing certain documents in support of his prayer.
3. It would not be out of place to mention that the aforesaid complaint was filed against three other accused persons. Remaining accused persons also prayed for exemption of personal appearance during trial on various grounds stated in their respective application
The discretion of the court to exempt an accused from personal appearance under Section 205 of the Cr.P.C, considering the nature of the case and the conduct of the accused.
Exemption from personal appearance – Discretion to dispense with personal appearance should be exercised in rare cases but still it would be allowed to those accused who could not come to court due t....
The court has discretion to exempt an accused from personal appearance based on individual circumstances, particularly health and age, ensuring trial efficiency.
The main legal point established in the judgment is the interpretation and application of Section 205 of the Code of Criminal Procedure in granting exemption from personal appearance based on the ser....
The main legal point established in the judgment is the discretion of the Court to exempt an accused from personal appearance at all stages of the proceedings, emphasizing the importance of safeguard....
Point of Law : Provisions requiring the presence of the accused which mandate that the trial be held in his presence are enacted for the benefit of the accused.
Magistrate may attendance of accused -Whenever a Magistrate issues may, if he sees reason so to with the personal attendance of the accused and permit him to appear by his pleader.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
