Judgment 1. Heard learned counsel for the parties. 2. In a private complaint the learned court below after recording its satisfaction issued summons to the present applicants after taking cognizance for offences punishable under Sections 406, 418, 420 and 120-B of the Indian Penal Code. The accused after receiving the summons made an application under Section 205 Cr. PC, inter alia, submitting that as their presence is not required, their presence be exempted. The application was opposed tooth and nail by the complaint mainly on the ground that the application was devoid of merits and as the allegations were of serious nature, the present applicants could not be protected under Section 205 of the Code of Criminal Procedure. 3. Even before this Court the submission of the learned counsel for the complainant-opposite party no. 2 was that if such applications filed under Section 205 Cr. PC. are allowed then it would lead to a situation when no accused would ever appear in the Court and they would only be represented through their counsel. On the other hand learned counsel for the accused submits that as the question of identification is not in dispute the presence of the applicants is not required. 4. Section 205 of the Code of Criminal Procedure provides that whenever a Magistrate issues a summons, he may, if he sees reasons so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader. Sub-section (2) of Section 205 Cr. PC. authorizes such Magistrate to direct the personal attendance of the accused, if in his discretion, such an attendance is necessary. 5. In the present case the learned court below has not considered the requirement of law and has on a technical objection rejected the application. It is also to be seen that when a Court issues simple summons then it cannot be argued that such accused is required to furnish bill. The question of bail would arise in a case where bailable warrants even at the first instance are issued. Catena of the authority says that if in the warrant cases instead of warrants, summons are issued at the first instance, then provisions of Section 205 Cr. P.C. shall apply. 6. The order passed by the learned court below deserves to and is accordingly set aside. The application filed by the applicants is allowed. Catena of the authority says that if in the warrant cases instead of warrants, summons are issued at the first instance, then provisions of Section 205 Cr. P.C. shall apply. 6. The order passed by the learned court below deserves to and is accordingly set aside. The application filed by the applicants is allowed. It is, however, made clear that if the court at any later stage is of the opinion that attendance of the present applicants is necessary, then it may pass an order under Section 205 (2) or Section 317 of the Code of Criminal Procedure.