SMT. PADMABATI DASH Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 401 of the Code of Criminal Procedure seeking to challenge the Order Dated 1.12.2008 passed by the Learned S.D.J.M., Balasore in I.C.C. No. 221 of 2008 rejecting the application of the Petitioner filed under Section 205 Code of Criminal Procedure. for dispensing with the personal attendance of the Petitioner.

(2.) ON perusal of the impugned order, it is seen that the Learned S.D.J.M., Balasore while taking note of the fact that the offence under Section 138 of the Negotiable Instrument Act is bailable in nature and placed reliance upon the judgment of the Hon'ble Apex Court rendering in the case of M/s. Bhaskar Industries Ud. v. Bhiwani Denim and Apparels Ltd. and Ors. reported in, (2001) 21 OCR (SC) 452 , in coming to a conclusion noted that he did not find any factual justification to permit the Petitioner to be represented under Section 205 Code of Criminal Procedure. at the present stage of the trial.

(3.) IN view of the aforesaid decision of the Hon'ble Supreme Court and in the facts of the present case, I am of the view that there is no reason as to why the application filed by the Petitioner under Section 205 Code of Criminal Procedure. ought not to be allowed subject to, of course, filing of an undertaking as directed by the Hon'ble Apex Court hereinabove. In order to avoid delay in trial of the case, the present petition is allowed and the Order Dated 1.12.2008 passed by the Learned S.D.J.M., Balasore is set aside. Learned S.D.J.M. is directed to act in terms of the aforesaid judgment of the Hon'ble Supreme Court providing for an undertaking and dispose of the petition filed by the Petitioner under Section 205 Code of Criminal Procedure. accordingly.