Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Complainant has no objection if prayer of petitioners for being allowed to be represented u/s 205 Cr.P.C at time of recording of plea and examination of accused u/s 313 Cr.P.C. - Impugned order set aside - Directions..........
Criminal Procedure Code, 1973, Section 205 -- Personal attendance in Court - Exemption from - Magistrate granting exemption from personal attendance to accused, Member of Parliament during Rajya Sabha sessions - As per S.205 Cr.P.C. it would essentially be within discretion of Magistrate to grant to such relief in a particular situation - Therefore, exemption granted found..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Proceedings in some other cases would not be a ground for rejection of exemption application...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Application u/s 205 Cr.P.C has to be examined on its own facts and grounds given in exemption application and have to be taken into consideration and after applying mind on grounds taken if Court finds that there is a genuine reason or not in attending proceedings, exemption applications may..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Accused is required to appear before trial Court on every Friday and he as such is appearing before Court since 2013 - Nothing on record that at any point of time accused tried to delay trial - Accused is represented through his counsel - He was permanent resident of Delhi and he is director..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Advocate for accused can record the plea on the first day u/s 205 Cr.P.C, for which written application by accused is not contemplated...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Magistrate allowed the prayer of Advocate of accused and dispensed with presence of accused, subject to advocate sign on plea - In case Advocate is willing to sign on plea in that case only such prayer for exemption..........
Criminal Procedure Code, 1973, Section 205, 317 -- Exemption from personal appearance - Accused/petitioner is a female and is residing with her husband - She is on bail and duly represented by her counsel - Distance between place where petitioner is residing from the Court is approximately 230 kms - Personal appearance of petitioner thus, exempted...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Order rejecting application for exemption from personal appearance does not disclose reason or insisting physical presence of petitioners for which privilege of S.205 Cr.P.C could not be extended - Parties are related to each other and their requirement in day-to-day household affairs is to..........
Criminal Procedure Code, 1973, Section 205, 317 -- Exemption from personal appearance - Application filed by accused prior to his appearance in Court - Exemption sought on the ground that distance between residence of accused and place of trial is 1750 kms - A-3 was a business man and A-4 was a student - Sufficient grounds made out for granting exemption from personal..........
