- (1.) THIS revisional application is directed against an order dated July 11,2000 passed by the learned Metropolitan Magistrate, 15th court, Calcutta, in connection with Case No. C-87 of 2000 thereby directing the petitioners above named who have been arrayed in a Case No. C-87/2000 before the said Court on the basis of a petition of complaint filed on behalf of the opposite party No. l to answer accusation of having committed the offence punishable under Sections 138/114 of the Negotiable Instruments act to first appear in Court before their prayer for personal exemption can be considered.
(2.) THE sole point of determination in this application is efficacy of he order of July 11, 2000 passed by the learned Magistrate directing the petitioners to first appear and thereafter their prayer for personal exemption under Section 205 of the Code of Criminal Procedure would be considered in terms of a decision of the Hon'ble Supreme Court in the case of V. K. Jain v. Union of India (2001) 1 SCC 709
(3.) THE learned senior Counsel appearing in support of this application has submitted that the petitioners are busy, corporate executives and it would be difficult for them to attend the proceeding in the Court below as they were pre-occupied with their avocation. It has further been submitted that the petitioners who are the erstwhile directors of the company having since relinquished their membership from the Board, were in no way connected with the offence alleged against them and apart from the fact that they were not members of the Board at the relevant point of time when the infraction in respect of Section 138 of the said. Act was committed, it would be in the fitness of things that the liberty to personal exemption under Section 205 of the Code of Criminal Procedure should be granted in their favour as there is no question of personal identification involved.;