ORDER

Dated this the 1^st day of April, 2025 The petitioner is the accused in S.T.C No.52 of 2024 on the files of the Chief Judicial Magistrate Court, Kasaragod. The case originated from Annexure A1 complaint filed by the 2^nd respondent alleging commission of the offence punishable under Section 138 of the Negotiable Instruments Act . On receipt of summons in the case, the petitioner filed Annexure A2 application along with Annexure A3 affidavit, to dispense with her personal appearance and for permission to appear through her Counsel to answer the charge and the questions under Section 351 of the BNSS. The learned Magistrate rejected the application on the premise that no provision empowers the court to grant exemption to an accused before he is granted bail. Aggrieved, this Crl.M.C is filed.

2. Learned Counsel for the petitioner referred to paragraph 47 of the judgment of the Apex Court in Sharif Ahmed and Another v. State of Uttar Pradesh and Another [2024 LiveLaw (SC) 337] to contend that the Apex Court has held that the power to grant exemption from personal appearance under Section 205 of Cr.P.C should not be read in a restrictive manner, as if the provision is applicable o