Jay Sengupta, J. - (1.) This is an application challenging an order dated 26th February, 2018 passed by the learned Judicial Magistrate, 5th Court, Sealdah in Case No. C-269/15.
(2.) The learned Advocate appearing on behalf of the petitioner /complainant submits that the accused should not have been granted of exemption from appearance under Section 205 of the Code without first appearing even once before the learned Magistrate.
(3.) The proposition placed by the learned Advocate on behalf of the petitioner is not a correct one. In Bhaskar Industries Limited v. Bhiwani Denim and Apparels Ltd. and Ors., (2001) 7 SCC 401, the Hon'ble Apex Court held that an accused can be granted the benefit of Section 205 of the Code by a Court without even appearing once before it.;