Criminal Procedure Code, 1973, Section 205, 317, 482 -- Exemption from personal appearance - Offence u/ss 406 & 120-B IPC - Petitioners seeking exemption from person appearance on the ground of old age and suffering from ailments as they are not in a position to reach Court on account of distance from their residence - Petitioners failed to produce any documentary proof..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal presence - Declined on the ground that medical certificate not produced in proof of illness - No opportunity granted to file medical certificate - Proceedings not held up due to non presence of petitioner as Court was to decide application u/s 311 Cr.P.C. which could be decided even in absence of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - When accused has filed bail bonds then exemption from personal appearance can be granted for routine dates but he has to personally appear at the stage of statement u/s 313 Cr.P.C. and at the stage of judgment...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance - Whether grant of permanent personal exemption by Magistrate to accused in a bailable offence be understood and construed to having dispensed with requirement of accused to obtain bail from Court and whether exemption..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Exercise of power - Held, it is a discretionary power and it has to be exercised in special facts and circumstances of a case - Such power should not be exercised as a matter of course...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Despite exemption complainant continued appearing - Order of exemption does not become redundant - An order of exemption continues to be in force till it is revoked or recalled...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Court is required to see whether or not any useful purpose would be served by requiring the personal attendance of accused in the Court - If trial can be held conveniently in absence of accused, personal attendance may be dispensed with...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Court has to see (1) whether or not any useful purpose would be served by requiring the personal attendance of the accused; (2) Whether or not the progress of the trial is likely to be hampered on account of absence of accused - Held, if trial can be held conveniently, in absence of accused,..........
Criminal Procedure Code, 1973, Section 205, 331 -- Exemption from personal appearance of accused - Discretion of Judge issuing summons to dispense with the rigour of personal presence and permit to be represented by pleader...........
Criminal Procedure Code, 1973, Section 205(2) -- Cancellation of order granting exemption - S.205(2) does not require Magistrate to issue summons to accused after cancellation of order granting exemption...........
