Case Note & Summary
The petitioner, Smt. Shashikala, filed a complaint under Section 200 CrPC against the respondent, Smt. Deepa H., for offences punishable under Sections 419, 420, and 426 IPC. The complaint alleged that the respondent availed a loan of Rs.25,00,000 from the petitioner for her education and issued several cheques towards repayment. Among them, cheque No.000022 dated 03.03.2016 for Rs.2,50,000 drawn on HDFC Bank was dishonoured with the endorsement 'drawer's signature differs'. The Trial Court took cognizance and registered C.C.No.19587/2016. The respondent, who was residing in the United States of America, filed an application under Section 205 CrPC seeking exemption from personal appearance. The Trial Court allowed the application and granted permanent exemption from appearance. The petitioner challenged this order before the High Court under Section 482 CrPC, contending that the order amounted to abuse of the process of the court. The High Court examined the scope of Section 205 CrPC and Section 317 CrPC and held that the Magistrate's discretion to grant exemption must be exercised judiciously. A blanket order of permanent exemption without ensuring the accused's presence at crucial stages of trial is not permissible. The High Court set aside the impugned order and directed the Trial Court to consider the application afresh, ensuring that the respondent's presence is secured when necessary. The petition was allowed.
Headnote
A) Criminal Procedure Code - Section 482 - Abuse of Process - Permanent Exemption from Appearance - The Trial Court granted permanent exemption to the accused from personal appearance in a complaint case under Sections 419, 420, 426 IPC. The High Court held that such blanket exemption without ensuring the accused's presence at crucial stages amounts to abuse of process of court. The order was set aside. (Paras 1-10) B) Criminal Procedure Code - Section 205 - Exemption from Personal Appearance - Discretion of Magistrate - The Magistrate's discretion under Section 205 CrPC to grant exemption from personal appearance must be exercised judiciously, ensuring that the accused's presence is secured when necessary for the progress of the trial. Permanent exemption without any condition is not permissible. (Paras 5-8) C) Criminal Procedure Code - Section 317 - Presence of Accused - Trial - The provision under Section 317 CrPC allows for dispensing with the presence of the accused only on certain conditions and for specific reasons. A blanket order of permanent exemption is contrary to the scheme of the Code. (Paras 6-9)
Issue of Consideration
Whether the order of the Trial Court granting permanent exemption to the respondent from appearance before the Court in C.C.No.19587/2016 amounts to abuse of the process of the Court?
Final Decision
The High Court allowed the petition, set aside the order dated 19.07.2018 passed by the LVI Additional C.M.M., Bengaluru in C.C.No.19587/2016, and directed the Trial Court to consider the application for exemption afresh in accordance with law, ensuring that the presence of the accused is secured when necessary.
Law Points
- Section 482 CrPC
- abuse of process
- permanent exemption from appearance
- criminal trial
- presence of accused
- Section 205 CrPC
- Section 317 CrPC
