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KERALA HIGH COURT
Year of decision: 2008
Details
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...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205(2)-- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - If accused is acquitted or accused is convicted and sentenced with a fine only then it is not necessary to insist on personal presence of accused to receive judgment - However, if sentence is one of substantive..........
KERALA HIGH COURT
Year of decision: 2008
Details
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...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205-- Dishonour of cheque - In a prosecution u/s 138 of the Act discretion u/s 205 Cr.P.C. must be exercised in favour of accused...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 205-- Dishonour of cheque - Summons - When summons are issued u/s 204 Cr.P.C. then at any stage before actual appearance of accused or after such appearance, power u/s 205 Cr.P.C. can be invoked...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205-- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - In such a case plea of accused can be recorded through his counsel...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 313(1)(b)-- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - In such a case examination of accused u/s 313(1)(b) Cr.P.C. can also be dispensed with...........
CALCUTTA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205-- Dishonour of cheque - Personal appearance of accused already exempted - His statement u/s 313 Cr.P.C. can be recorded by giving questionnaire to his advocate without insisting on his personal appearance...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 205-- Dispensing with personal appearance - Complainant, who contributed to chit fund, when wanted to draw his own amount, cheques issued towards payment of same by accused were dishonoured - When summons were issued, in spite of receiving summons, accused failed to appear and when NBWs were issued..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205-- Dishonour of cheque - Want of presence of complainant - Held, in cases arising out of S.138 of the Negotiable Instruments Act, where presence of any of the accused is dispensed with during trial, presence of complainant also has to be dispensed with liberally and his complaint shall not be..........

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