Your application for permanent exemption of the accused from appearing is allowed if you produce the below mentioned LegalCrystal citation –
Vivek Nagpal Vs. Oriental Bank of Commerce – Court Judgment
Excerpts from the above judgement for your kind reference:
Para 8. For the above said reasons, petition is allowed in part. The order of the Learned Additional CMM dated 8.2.2005 cancelling bail of the petitioner is hereby quashed and the matter stands remitted to the Learned CMM to decide the application dated 29.1.2005 for permanent exemption of the accused under Section 317 of Cr.P.C. in the light of the observations of the Supreme Court in CHANDU LAL CHANDRAKER v. PURAN MAL AND ANR. AND BHASKAR INDUSTRIES LTD. v. BHIWANI DENIM AND APPARELS LTD. AND ORS.
9. Learned Counsel for the petitioner has filed a memo producing the affidavit of the petitioner stating that the petitioner does not want to answer any of the questions which are going to be put to him by the Trial Court under Section 313 of Cr.P.C. and that he would not raise the question of prejudice, if any, caused to him on account of his non-examination in subsequent stage of Trial, in Appeal or in revisior. This may be taken into consideration by the Learned CMM. However, it is made clear that the petitioner shall be present before the Court on the date of the Judgment.