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2024 (5) TMI 568 - ORISSA HIGH COURTMoney Laundering - Declination to allow exemption from personal attendance of the Petitioner by rejecting the application filed by the Petitioner under Section 205 Cr. P.C. - HELD THAT:- This Court has no hesitation in coming to a conclusion that although an application under Section 205 Cr. P.C. is maintainable in a case involving offences under the PMLA Act, 2002 and the bar under Section 45 would not be attracted to such an application, however, while exercising the discretion conferred upon the Court by Section 205 Cr. P.C., the Trial Court has to take a decision with lot of circumspection and caution. Particularly, while considering such application, the learned Trial Court is to satisfy itself with regard to availability of sufficient and cogent reasons and inability of the Petitioner to appear before the Trial Court. The learned Trial Court, in such eventuality, is duty bound to consider such application on its own merit and in accordance with law. From the reading of the order passed by the Hon’ble Apex Court in CHINTAN JOSHI VERSUS NIRANJANA BEHERA [2023 (8) TMI 1458 - SC ORDER], it is clear that the Bar under Section 45 of the PMLA Act, 2002 shall not stand in the way of the Trial Court while considering an application under Section 205 Cr. P.C. filed by the accused petitioner. Reverting back to the facts of the present case and on a plain reading of the complaint, it appears that the alleged amount involved in the present crime is Rs. 35 lakhs. Therefore, the same is admittedly less than Rs. 1 crore. In the present case, the accused-Petitioner filed an application under Section 205 Cr. P.C. to dispense with his personal attendance before the Court. It has been stated that the accused-Petitioner is now posted at Berhampur Municipal Corporation in Ganjam district under deputation in Foreign Service terms and conditions for which he is unable to appear before the Trial Court at Bhubaneswar in Khurda district on each date of posting. This Court is of the considered view that the impugned order passed by the learned Trial Court is unsustainable in law. Accordingly, the same is hereby set aside - matter is remanded back to the Court of Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar to consider the application afresh by taking into consideration the grounds raised by the Petitioner in his application. Petition disposed off by way of remand.
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