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1998 Supreme(Raj) 1073

SHIV KUMAR SHARMA
Ajay Lunia – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. R.N. Khandewal, Advocate.
For the Public Prosecutor:Mr. M.L. Goyal, Advocate.
For the Complainant:Mr. Mahendra Singh, Advocate.

JUDGMENT

1. - Identical question of law that cropped upon all the seven petitions is whether in a criminal case of trivial nature where warrant of arrest has already been issued against the accused, can he be exempted under Section 205 Criminal Procedure Code.

2. Arguments is respect of all the instant petitions were heard analogously and they are disposed of by a common order.

3. learned Chief Judicial Magistrate Jaipur City in seen cases took cognizance of offence under section 138 of the Negotiable Instruments Act (for short the Act) and issued summons against the accused petitioner on August 8,1997. The learned Magistrate on December 10, 1997 after perusing the report of process server, issued bailable warrants and thereafter on January 3, 1998 the accused petitioner was ordered to be summoned through on-bailable warrants.

4. On Feb. 24, 1998 the counsel for the accused appellant appeared before the Court of CJM and moved applications under section 205 Criminal Procedure Code seeking exemption of the accused from personal appearance. Learned CJM dismissed the applications vide orders dated March 27, 1998.

5. Against these orders that the accused petitioner has resorted present acti










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