M/S. BHASKAR INDUSTRIES LTD. versus M/S. BHIWANI DENIM AND APPARELS LTD. AND ORS.

M/S. BHASKAR INDUSTRIES LTD. versus M/S. BHIWANI DENIM AND APPARELS LTD. AND ORS.

A Magistrate's power to dispense with the personal appearance of an accused in a summons case under Section 205 and Section 317 of CrPC is a matter of judicial discretion, to be exercised where insistence on personal presence would cause hardship without advancing the interests of justice, particularly in offences under Section 138 of the Negotiable Instruments Act. The Sessions Judge erred in setting aside the Magistrate's order without providing any substitute directions. The appeal is allowed, restoring the Magistrate's discretion to consider fresh application for exemption, with specified precautions.

Parties
Appellant/complainant: Bhaskar Industries Ltd.; Accused/respondent No. 1: Bhiwani Denim and Apparels Ltd.; Accused/respondents No. 2 and Others: Subhash Sahni (Managing Director) and others; Respondent/state: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
27 August 2001
Procedural Posture
Criminal Appeal / Supreme Court of India Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Interlocutory Order, Exemption From Personal Appearance, Revision Jurisdiction, Section 138 Negotiable Instruments Act, Judicial Discretion of Magistrate
Criminal Law Procedural Law Interlocutory Order Exemption From Personal Appearance Revision Jurisdiction Section 138 Negotiable Instruments Act Judicial Discretion of Magistrate

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bhaskar Industries Ltd.

Appellant/complainant

Bhiwani Denim and Apparels Ltd.

Accused/respondent No. 1

Subhash Sahni (Managing Director) and others

Accused/respondents No. 2 and Others

State of Madhya Pradesh

Respondent/state

Procedural Posture

Criminal Appeal / Supreme Court of India Appeal From High Court Order

Legal Issues

  1. 1 Whether the Magistrate's order dispensing with personal appearance of the accused is an interlocutory order for the purpose of revision under Section 397 of CrPC
  2. 2 Whether the Sessions Judge was correct in setting aside without substituting the order regarding exemption from appearance
  3. 3 The scope of Magistrate's discretion to exempt accused from personal appearance in summons cases

Ratio Decidendi

A Magistrate's power to dispense with the personal appearance of an accused in a summons case under Section 205 and Section 317 of CrPC is a matter of judicial discretion, to be exercised where insistence on personal presence would cause hardship without advancing the interests of justice, particularly in offences under Section 138 of the Negotiable Instruments Act. The Sessions Judge erred in setting aside the Magistrate's order without providing any substitute directions. The appeal is allowed, restoring the Magistrate's discretion to consider fresh application for exemption, with specified precautions.

Court Disposition

Appeal allowed

Orders

  • The order of the Sessions Judge dated 30.6.2000 setting aside the Magistrate's order is set aside.
  • The second accused is at liberty to move a fresh application for exemption under Section 317 of CrPC; the Magistrate shall decide the same in light of this judgment before proceeding further.