Madhumati Mitra, J. - (1.) This is application under Section 482 of the Code of Criminal Procedure filed by the petitioners praying for quashing of entire proceedings in connection with C.C.No.386 of 2017 pending before the Learned Judicial Magistrate, 4th Court, Serampore, Hooghly.
(2.) Brief facts which are necessary to consider the prayer of the petitioners may be mentioned as under:
(3.) Present opposite party being the complainant on 14.06.2017 filed a petition of complaint before the Learned Additional Chief Judicial Magistrate, Serampore, against the present petitioner for commission of alleged offence under Section 138 of the Negotiable Instruments Act. Learned Additional Chief Judicial Magistrate took cognizance of the alleged offence and transferred the same to the Learned Judicial, 4th Court, Serampore, for disposal. On 25.08.2017 Learned Magistrate issued process against the petitioners to face trial for commission of alleged offence punishable under Section 138 of the Negotiable Instruments Act. After appearance, the petitioner no.2 prayed for exemption from personal appearance before the Court in connection with the proceedings pending against him. On 30.07.2018, the said prayer of the petitioner no.2 under Section 205 of the Code of Criminal Procedure was rejected by the Learned Magistrate and the petitioner no.2/accused was directed to remain present in the Court on the next date i.e. on 31.08.2018.;