Manjunath v. Hebbar Alias Manjunath Hebbar Vs State of… — Cheque Dishonour | Calcutta HC (2026)

Manjunath v. Hebbar Alias Manjunath Hebbar Vs State of… — Cheque Dishonour | Calcutta HC (2026)

What the court decided

AI extract

Outcome

CRR 1299 of 2026 disposed of by modifying the trial court's order dated 29.10.2025: exemption from personal appearance granted on the date of taking plea if the petitioner is properly represented; opportunity to avail section 313(5) Cr.P.C; representation by an advocate of the petitioner's choice; the question of physical appearance at delivery of judgment deferred to the appropriate stage; trial court requested to conclude the trial without unnecessary adjournments in view of section 143(3) N.I. Act.

Issue for consideration

Whether, and on what conditions, the petitioner/accused in the section 138 N.I. Act proceeding may be exempted from personal appearance before the trial court — specifically at plea-taking and at delivery of judgment — and whether he may be compelled to be represented by particular lawyers.

Ratio / Principle

The order dated 29.10.2025 is modified so that the petitioner's exemption from personal appearance is granted on the date of taking plea, provided he is properly represented.

Key takeaways

The petitioner may also be given the opportunity to avail section 313(5) Cr.P.C at the appropriate stage.ratio¶13
Whether the petitioner's physical appearance will be required at the time of delivery of judgment is left open, to be decided by the court at the appropriate stage.obiter¶13
Condition no. 2 is modified: the petitioner shall be represented by a learned advocate of his own choice and shall not be compelled to be represented by any particular lawyer(s) against his choice.

Detailed headnote1 paragraphs

CRIMINAL REVISION — Exemption from personal appearance in a section 138 N.I. Act proceeding. The petitioner/accused challenged the trial court's order dated 29.10.2025 (CS 143855/2024), earlier affirmed in Criminal Revision No. 356 of 2025, which had allowed exemption from personal appearance only subject to physical presence on the date of taking plea, on the date of examination under section 313 CrPC, and on the date of delivery of judgment, coupled with mandated legal representation. Learned counsel for the petitioner invoked Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd., (2001) 7 SCC 401, for the settled position that in proper cases exemption can extend to plea-taking and examination under section 351 BNSS; counsel for opposite party no. 2 left the matter to the court's discretion. The court modified the order: exemption stands granted at plea-taking if the petitioner is properly represented; he may avail section 313(5) CrPC at the appropriate stage; whether his physical presence is required at judgment delivery remains to be decided at the appropriate stage; and condition no. 2 was relaxed so that he may be represented by an advocate of his own choice. The trial court was requested to expedite the trial without unnecessary adjournments, mindful of section 143(3) of the N.I. Act. CRR 1299 of 2026 disposed of.

20.5.2026 19

Ct. 29 BD

CRR 1299 of 2026

Manjunath V. Hebbar alias Manjunath Hebbar Vs.

State of West Bengal & Anr.

Mr. Ayan Chakraborty Mr. Saikat Mallick …for the Petitioner

Mr. Kaushik De Ms. Mohini Majumder Mr. Rohan Pathak Ms. Ayelity Ghosh Mr. Adhrish Chatterjee … for the opposite party no. 2.

The petitioner/accused has assailed the order dated 29.10.2025 passed in a proceeding under section 138 of the N.I. Act, being CS 143855/2024. The petitioner who has claimed that he underwent coronary angiography and PTCA with stenting to mid RCA had made a prayer before the trial court for exemption of his personal appearance. Such prayer was allowed by the trial court with the condition that he must remain present before the court physically on the date of taking plea and on the date of examination of the accused under section 313 of the Code of Criminal Procedure and also on the date of delivery of judgment.

Being aggrieved by the aforesaid condition imposed in the impugned order dated 29.10.2025, and which order was also affirmed by the Appellate Court in Criminal Revision No. 356 of 2025, learned counsel for the petitioner relying upon a judgment reported in (2001) 7 SCC 401 in the case of Bhaskar Industries Ltd. –vs- Bhiwani Denim

2

& Apparels Ltd. & Ors. contended that it is well settled that in proper cases, the Court can exempt personal appearance of the accused on the date of taking plea and also on the date of examination of the accused under section 351 of the BNSS.

Learned counsel appearing on behalf of the opposite party no. 2 leaves the prayer made by the petitioner to the discretion of the court.

Having heard learned counsel appearing for the petitioner and the opposite party no. 2 the order dated 29.10.2025 is hereby modified to the extent that the petitioner’s prayer for exempting him from personal appearance shall be granted on the date of taking plea if he is properly represented. The petitioner may also be given opportunity to avail section 313(5) Cr.P.C at the appropriate stage. However, whether physical appearance of the petitioner at the time of delivery of judgment will be required or not shall be decided by court at the appropriate stage. The condition no. 2, is also modified to the extent that the petitioner shall be represented by the learned advocate at his choice and he will not be compelled to be represented by any particular lawyer(s) against his choice.

The Trial court is requested that he will make his every endeavour to conclude the trial without granting any unnecessary adjournment to either of the parties keeping in mind the time limit and the statutory compulsion to take

3

special endeavour mentioned in section 143(3) of the N.I. Act.

CRR 1299 of 2026 is accordingly disposed of.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)