A court may dispense with the personal attendance of an accused person in a criminal case if the offences are of a trivial nature, the accused is a foreign national, and the accused can be properly represented by counsel.

1. - The petitioner, who is the Managing Director of M/s. Climate System India Ltd., has filed this petition under Section 482 Criminal Procedure Code to dispense with his personal attendance in Criminal Case No. 270-A/94 pending in the Court of Civil Judge (Junior Division)-cum-Judicial Magistrate 1st Class Tijara under the following circumstances.

2. In short the facts of the case are that the Senior Inspector, Factories & Boilers, Bhiwadi has filed a complaint against the petitioner and one Ashu Sagar under the Factories Act, 1948. There is no dispute that the charges against the petitioner are not of serious nature and the offences are triable as summons case. The petitioner moved an application before the trial Magistrate under Section 205 Criminal Procedure Code to exempt his personal attendance in the case, but the said prayer was rejected vide order dated March 4,1995. The learned Magistrate has observed in the order that the charges against the petitioner are not of serious nature, but still he declined the petitioner to grant exemption from personal attendance. Hence, this petition under Section 482 Criminal Procedure Code. has been filed.

3. The contention of the learned counsel is that the offences, under which, the complaint has been filed are triable as summons case and they are of petty nature concerning with some irregularities in the factory premises. It was also contended that the petitioner is a foreign national and to compell him to attend the Court on all dates of hearing would cause him great inconvenience, besides huge monetary loss. Learned counsel contended that the petitioner can be properly represented and defended by his counsel and there is no impediment in exempting his personal attendance.

4. The learned Public Prosecutor does not dispute that the trial Court has power to dispense with personal attendance of the petitioner under section. 205 Criminal Procedure Code in the instant case. Section 205 Criminal Procedure Code reads as under:-

"205. Magistrate may dispense with personal attendance of accused:-(1) Whenever Magistrate issues a summons, he may, if he sees reasons so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

(2) But the Magistrate enquiring into or trying the case may in his discretion, at any stage of the proceedings direct the personal attendance of the accused, and if necessary, enforce such attendance in the manner hereinabove."

5. In M.M. Lal & Ors. v. Water (Prevention of Pollution) Board, reported in 1993 (2) RLR 708 it has been observed as under:-

"2. I need not go into the details and the reasons given by the petitioners for not appearing on each date of hearing. While disposing the application under Section 205 Criminal Procedure Code. it is not necessary that the matter should be considered as if a decision is being given about the guilt or innocence of the accused. Attending cases on each date of hearing is not a punishment provided under the Indian Penal Code, though in practice it is a torture to remain present in crowded court-rooms waiting for the case to be called. If the learned Chief Judicial Magistrate thinks that is this way he can make petitioners to suffer some punishment then his concept is not in consonance with the criminal jurisprudence. Whether a person should be granted exemption from personal attendance would depend upon the reasons given by him. The petitioner No. 1 is 70 years old person and based at Delhi. The petitioner No. 2 has been transferred to another unit while the petitioner No. 3 has left the company and working with some other firm at Gurgaon Where there are grounds for claiming exemption from personal attendance, they can be allowed to appear through pleader. Whereas, petitioner No. 4 who is posted at Alwar can attend the case on all dates of hearing."

6. In Gopal Ram & Anr. v. State of Rajasthan, reported in 1994 RCC 200 had an occasion to consider the scope and ambit of Section 20