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Judgment
Heard learned counsel for the parties. Perused the material available on record.
The petitioner is facing trial for the offence under Section 138 of the N.I. Act in the court of the Special Metropolitan Magistrate, N.I. Act Cases
No.6, Jodhpur Metropolitan, Jodhpur. An application filed by the petitioner under Section 205 read with Section 313 Cr.P.C. seeking exemption from
appearing to give her statement under Section 313 Cr.P.C, was rejected by the learned trial court vide order dated 04.06.2019.
On going through the order impugned, it is clear that the Advocate representing the petitioner filed an application to the effect that he would appear on
behalf of the petitioner but would reply to the questions put under Section 313 Cr.P.C. without his personal knowledge.
It is the firm opinion of this Court that the approach of the petitioner indicates that he is avoiding to appear in the proceedings of trial at any cost. Such
an attitude can never be tolerated. The case has reached the stage of statement of accused petitioner and thus, she has to remain present in the trial
court for answering the circumstances which would be put to her by the court in her statement under Section 313 Cr.P.C.
Thus, the petitioner is mandated to appear before the trial court for recording of her statement under Section 313 Cr.P.C. on the date fixed for this
purpose and so also on the date on which the judgment will be pronounced. However, her presence on other dates would be exempted.
With these observations, the misc. petition as well as stay application are dismissed as being devoid of merit.