( 1 ) THIS is an application under Section 551a, Cr. P. C. for ordering the exemption of the applicant from personal attendance at the hearings of a case under Sections 420, 120b and 109, penal Code, on the ground that the trial of the case will require a very large number of hearings and that on account of the applicants frequent presence his business will be practically ruined.

( 2 ) I have not heard the learned counsel for the parties on the merits as to how far, in the circumstances of this case, the applicant should be granted exemption, as I find that the Division bench case of M. G. Desai v. Emperor, A. I. R. , (19) 1932 ALL. 504 goes against the applicant. It was held in that case : "this Court will only act on its inherent powers where those powers can be exercised without conflict with the existing law. " it was held that the case of the applicant did not come within the provisions of Section 540a, cr. P. C. The application for exemption was rejected and, it was also remarked : "this is one of those cases which may act hardly on a particular person ; but in our opinion it would create a most dangerous precedent to grant exemption to the applicant for reasons