DEBI PRASAD SIRCAR J. - (1.) LEARNED Advocate for both the parties are present. The case is taken up for hearing.
(2.) THE learned Advocate for the petitioner submits that the opposite party No. 1 has filed a complaint case before the learned Sub-Divisional Judicial Magistrate at Siliguri being C.R. Case No. 194 of 1996 impleading two of the officers of the Company viz. Opposite party Nos. 2 and 3. The present petitioner has been enumerated as accused No. 3. The learned Magistrate took cognizance of the complaint filed by the opposite party No. 1 as the complainant and called upon the accused persons 1, 2 and 3 to appear before him as per law on 16.6.1997 in connection with the complaint under Section 420, read with section 120-B of the Indian Penal Code alleging cheating in respect of a transaction involving certain machineries. The accused 3-petitioner files this petition and submits that he is a very high official in the Public Limited Company and is posted at Bombay. He is a patient of hyper-tension and is under medical treatment for sometime.
(3.) THE accused 3 petitioner filed a petition before the learned Magistrate under section 205, Cr.P.C. praying for dispensing with his personal appearance and permitting him to be representated by his lawyer. But the learned Magistrate rejected the application.;