S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court

Justice Sanjay Kumar Dwivedi observed, “The purpose of exemption under Section 205 Cr.P.C is that the order of the learned Magistrate should be such which does not make any unnecessary harassment to the accused and at the same time does not cause any prejudice to the complainant and the learned court is required to ensure that exemption from personal appearance granted to the accused is not an abuse or delay the trial.”

The above ruling came in a petition filed for quashing the order passed by the Chief Judicial Magistrate, Garhwa in connection with a Complaint Case whereby, the petitioners' application under Section 205 CrPC was rejected

In this case, a complaint was lodged against the accused, asserting that they persuaded the complainant to sell asbestos sheets, only to provide damaged ones and declining to settle a Rs. 22.50 Lacs claim. Subsequently, the accused submitted an application under Section 205 CrPC to the Trial Court, but the application was denied. Consequently, the accused sought recourse from the High Court.

On a preliminary examination, the Court observed that the case appeared to stem from a commercial dispute, leading to the filing of a complaint.

The Court acknowledged that while allowing of a Section 205 CrPC application is within trial court's discretionary jurisdiction, it emphasized the need to balance this discretion with the avoidance of undue harassment to the accused. Particularly, the Court took into consideration the petitioners' status as high-ranking officials actively involved in various aspects of the company's operations.

Furthermore, the Court highlighted the principle that while it is preferable to record evidence in the presence of the accused, exceptions can be made if their legal representation is available.

The Court reiterated that the purpose behind granting exemption under Section 205 CrPC is to prevent unwarranted harassment of the accused while safeguarding the complainant's interests.

In light of these considerations, the High Court overturned the Trial Court's order, allowing the petitioners to be excused from personal appearances under specified conditions.

Counsel/s For the Petitioners : Mr. Ajay Kumar Sah, Advocate

Counsel/s For the State : Mr. Vineet Kumar Vashistha, S.P.P.

Counsel/s For Respondent No.2 : Mr. Anurag Kashyap, Advocate

LL Citation: 2023 LiveLaw (Jha) 82

Case Title: Nawal Kumar Kanodia @ Nawal Kanodia vs The State of Jharkhand

Case No.: W.P. (Cr.) No. 417 of 2023

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