Neutral Citation No. - 2025:AHC:29983 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 6898 of 2025 Applicant :- Shri Kanhaiya Electronics Through Proprietor Sri Pradeep Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Pradeep Kumar Srivastava, learned counsel for the applicant and Sri Anish Kumar Upadhyay, learned AGA for the State. 2. The present application has been filed to direct the court below to exempt the personal appearance of the applicant and continue the further proceeding of Case No.287 of 2020, M/s Shri Sai Enterprises Vs. Shri Kanhaiya Electronics, under Section-138 of N.I. Act, Police Station-Naubasta, District-Kanpur Nagar, pending before Additional Chief Metropolitan Magistrate, III, Kanpur Nagar. 3. Sole contention of learned counsel for the applicant is that proprietor of applicant-Pradeep Sharma is 82 years old person. Though, he has obtained bail but he is unable to appear personally on each and every date, therefore, court below may be directed to permit him to appear before the court through counsel. 4. Learned AGA has raised objection that proprietor of the applicant had not filed any application u/s 205 Cr.P.C. for exemption from personal appearance. Therefore, no direction can be issued, at this stage. 5. Considering the submission of learned counsel for the parties and on perusal of record, it appears that the applicant-Pradeep Sharma is the proprietor of the applicant- firm and he has obtained bail on 15.09.2021 but because of his old age, he could not cooperate in the trial. This court has already laid down the detailed guidelines for considering the application u/s 205 Cr.P.C. in the case of Shlok Yadav Vs. State of U.P. & Another in Application u/s 482 No.2937 of 2025 vide order dated 06.02.2025. Paragraph nos.14 and 15 of Shlok Yadav's case (supra) are being quoted as under: "14. From the above analysis, it is clear that in the proceeding under Section 138 N.I. Act personal appearance of the accused can be exempted by the concerned Magistrate under Section 205 Cr.P.C. and permit him to appear through his counsel. Even at the stage under Section 251 Cr.P.C. where it appears to the concerned court that due to a far distance (place of residence or business of the accused) or on account of physical or other good reasons, his personal appearance will cause enormous suffering to him. That the Magistrate can exempt the personal appearance of the accused at any stage of proceeding under Section 138 N.I. Act, even for taking evidence in his absence in the presence of his counsel, but such benefit should be given only to an accused who gives the following undertaking through an affidavit to the satisfaction of the court. (i) He will not dispute his identity as a particular accused in the case; (ii) A counsel on his behalf would be present in the court, and he has no objection to taking the evidence in his absence. (iii) His counsel will cooperate in trial and will not take unnecessary adjournment. 15. However, this discretion is also left to the concerned Magistrate that despite the exempt of the appearance of the accused under Section 205 Cr.P.C., he can direct the personal appearance to the accused at any stage of the proceeding if the counsel of the accused does not appear or does not cooperate in the proceeding or for any other reason. The above direction does not mean that the concerned Magistrate is duty- bound to exempt the personal appearance of the accused whenever he moves an application under Section 205 Cr.P.C., it is the discretion of the Magistrate to decide the application under Section 205 Cr.P.C. on case-to-case basis for the reason mentioned above and also taking into mind that permitting the accused to appear through his counsel will expedite the proceeding under Section 138 N.I. Act." 6. In view of the above legal position, present application is disposed of with a direction to the applicant to file an application before the court below u/s 205 Cr.P.C. and the court below will consider the same in view of the observations made hereinabove. Order Date :- 4.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad