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2022 Supreme(Ori) 63

B.P.ROUTRAY
Srikanta Patel – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr. Rabindranath Prusty, Advocate, for the Appellant; Ms. S. Mishra, Additional Standing Counsel, for the Respondent.

ORDER

1. Heard Mr. R.N. Prusty, learned counsel for the Petitioner and Ms. S. Mishra, learned Additional Standing Counsel for State Opposite Party No.1.

2. The present petition has been filed challenging the order dated 26th February, 2022 of the learned S.D.J.M., Jharsuguda wherein the prayer of the Petitioner to dispense with his person attendance under Section 205 of Cr.P.C. has been rejected.

3. The Petitioner is the sole accused in I.C.C. No.147 of 2019 before the learned S.D.J.M., Jharsuguda for alleged commission of offence under Section 138 of the NI Act.

5. The Petitioner upon receipt of summons appeared through his Advocate and filed the application under Section 205 of the Cr.P.C. praying to dispense with his personal attendance and to permit him to be represented through his Advocate on the ground that he is an old man aged about 67 years.

6. His prayer was rejected by the learned S.D.J.M., Jharsuguda on the ground that the amount involved is huge and no cogent ground is there to dispense with his personal attendance.

7. The Hon'ble Supreme Court in the case of Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. and Others, (2001) 7 SCC 401 have observed that in summ

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