Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Application for - Rejection of - Validity - Order of rejection was passed on merit and not because petitioners without appearing in Court moved such application - Held, order of rejection liable to be set aside - Order of..........
Criminal Procedure Code, 1973, Section 205, 317 -- Permission to grant exemption from appearance - Court should be generous and liberal in exercising such power and should grant exemption to the accused from personal appearance unless presence is imperatively needed or become indispensable - Court should bear in mind the nature of accusations and prejudice, if any, likely..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - To be allowed only - (a) If accused gives undertaking to the satisfaction of the court that he would not dispute his identity as particular accused in the case, and (b) That counsel on his behalf would be present in the court, and (c) That he has no objection in taking evidence in his..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Can be granted even before executing bail bond in case there are sufficient reasons - Magistrate can allow even first appearance through counsel...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Court can grant exemption from personal appearance even without first appearance...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Grant of - Nature of allegations, conduct of accused, inconvenience of personal appearance are relevant considerations for deciding the question of exemption from personal appearance - Two petitioners figure as accused for offence u/ss 409, 420, 468, 471 and 120-B of IPC - Petitioners posted..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance can be granted when summons are issued in a warrant case if warrant of arrest has been against him in course of investigation purportedly under S.73 Cr.P.C. - Issuance of warrant prior to commencement of proceeding u/s 204 Cr.P.C. - Not a legal bar for consideration of application u/s 205..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Where summons are issued at the first instance, whether it may be in summons case or warrant case, application u/s 205 Cr.P.C. can be allowed when (1) accused resides or carries on business at a far off place; (ii) on account of physical reasons; (iii) if insistence of his personal presence,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 205 -- Dishonour of cheque - Summons issued - Subsequent issuance of warrants - Not a reason to insist personal appearance of accused to consider an application for exemption or to plead guilty or not guilty, if Court is satisfied that there is ground to grant exemption...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Summons - Magistrate can dispense with personal attendance of accused at the time of issuance of summons - There is no impediment whatsoever for a fair and efficient trial if only a summons u/s 205 Cr.P.C. is issued in all prosecutions u/s 138 of the Act...........
