Learned counsel has referred to a decision of this Court in the case of M/s Bhaskar Industries Ltd. v. M/s Bhiwani Denim Apparels Ltd.: (2001) 7 SCC 401. The said decision was cited before the High Court too and the High Court has rightly indicated that therein, this Court was not dealing with a claim for blanket exemption from personal appearance.
Having gone through the said decision, we are satisfied that the observations therein essentially co-relate with the facts of the said case. Moreover, even while observing that in appropriate cases the Magistrate can allow an accused to make even the first appearance through a counsel, this Court has also indicated that such discretion needs to be exercised only in rare instances and there ought to be good reasons for dispensing with the presence.
It is difficult to appreciate that in the case of the present nature, the petitioners seek to avoid appearance even once in terms of the order of the learned Sessions Judge.
We find no reason to entertain this petition.
IN THE SUPREME COURT OF INDIA
Special Leave to Appeal (Crl.) No. 3382/2022
MAHESH KUMAR KEJRIWAL & ANR. Vs BHANUJ JINDAL & ANR.
Coram: DINESH MAHESHWARI; ANIRUDDHA BOSE, JJ.
Dated: 18-04-2022
