Vijay Lakhani and ors. Vs. Jayesh Shah and Ors.
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Head Note
The Code of Criminal Procedure, 1973 - Section 205
Personal Appearance - Exemption - Criminal complaint - Offence u/s Sections 406 and 420 read with Section 34 of IPC - Exemption from personal appearance - Application dismissed by Magistrate and upheld by High Court -Appellants had to come to Court to from outstation to attend by spending huge amount of money and they are represented by Advocate - Taking into consideration the offer made by the appellants through their counsel for deposit of disputed amount the impugned order liable to be set aside - Appellants directed to deposit a sum of Rs.5,37,316/-in the Court of Metropolitan Magistrate, within one month from the date of the order - On such deposit being made, the appellants will be granted exemption from their personal appearance in the complaint case.
Topic(s)-Personal Appearance - Exemption granted subject to conditions