Erfan Ali Choudhary vs The King

Agarwala, C.J.—The petitioner has been summoned to take his trial for an offence u/s 6, Cinematograph Act, 1918, in the Court of the Subdivisional Magistrate of Rajmahal. A petition was filed before the Subdivislonal Magistrate, alleging that the petitioner was lying ill at Dacca, supported by a medical certificate. The petitioner prayed that he be allowed, to appear through a pleader. This application has been rejected Although this Court is reluctant to interfere with, the discretion of the Subordinate Courts, the. learned Magistrate in this case does not appear to have appreciated the fact that the offence with which the petitioner is accused is punish-able only with a fine, and that the petitioner has property within the jurisdiction of the Magistrate which will be available for realisation of the fine in the event of a conviction. The petitioner is permitted to appear through a pleader, provided a pleader is present to represent him on the next and every subsequent occasion on which the case is taken up.