V.K. Jain v. Union of India, (SC) BS72085
SUPREME COURT OF INDIA

Before:- K.T. Thomas and B.M. Shah, JJ.

Writ Petition (Crl.) No. 12/4 of 1999. D/d. 1.11.1999

V.K. Jain - Petitioner

Versus

Union of India and others - Respondents

For the Petitioner :- Mr. P.C. Jain and Mr. Ambhoj Kr. Sinha, Advocates.

Criminal Procedure Code, 1973, Section 204 - Negotiable Instruments Act, 1881, Section 138 - Exemption from personal appearance - Permissible only after first appearance - Certain conditions to be observed in such a case.

[Para ]

ORDER

This writ petition is filed under Article 32 of the Constitution for quashing various prosecution proceedings launched against this petitioner for the offence under Section 138 of the Negotiable Instruments Act merely on the ground that the petitioner is unable to go to all the different Courts where the cases are pending. He contends that he was not participating in the affairs of the company which issued the cheques. It is a defence which he can adopt in the prosecutions. But merely raising such a contention now is no ground for quashing the prosecutions.

2. All the same, considering the plight of the petitioner in defending prosecution proceedings instituted at various places in India on the strength of the cheques issued by the company of which he was the Director, we permit the petitioner to move the Court concerned (before which the prosecution is pending in any of the cases) for exempting him from personal appearance. This can be done only after making the first appearance in the Court concerned. If any such application is filed by the petitioner, we direct the Court concerned to exempt him from personal appearance on the following conditions :

3. With the aforesaid reliefs granted to the petitioner we dispose of the writ petition.

Order accordingly.