Criminal Procedure Code, 1973, Section 273 -- Personal attendance of accused - Permission to attend trial through video conferencing - Non-appearance of accused may be attributed to various reasons, such as need to maintain law and order, transportation difficulties from jail to Court, unavailability of police escort team or other logistical constraints - Six years have..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Power conferred u/s 205 Cr.P.C. is a discretionary power whereunder trial Court can exempt personal appearance of accused persons - However, such discretion can only be exercised in a judicious manner and without any discrimination...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Offence under provision of SC/ST Act - There exists no embargo in exercise of power conferred by S.205 Cr.P.C. in trials involving SC/ST Act - Moreover, provision in the shape of S.205 Cr.P.C. has been incorporated in the Statute to prevent unnecessary harassment caused to accused..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Application u/s 205 Cr.P.C is maintainable at any stage of trial even prior to seeking bail and same will also apply at the stage of S.251 Cr.P.C - Even at the time of first appearance before trial Court, application u/s 205 Cr.P.C can be allowed in appropriate case for exemption from..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - In such proceedings, personal appearance of accused should ordinarily not be insisted upon, if application is moved for a particular hearing, unless the trial court needs to either examine the under-trial or his statement is to be otherwise recorded for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint cannot be transferred at the instance of accused - However, accused can always apply for grant of exemption from personal appearance to concerned Court - Transfer petition dismissed...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Mere fact that accused is having some heart ailment wherein stunt has been put in his heart, cannot be ground for exemption u/s 205 Cr.P.C, as it is very common in entire world...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Offence u/ss 3, 4 of PMLA Act - Allegations against accused are of laundering a huge amount of money which has come in the investigation - Accused is a man of means and even if he is looking after his father, mother he can make an alternative arrangement and that cannot be a ground of S.205..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Right of accused to cross-examine the witness was closed on the ground that he failed to file an application u/s 145(2) of the Act - However, on the said date he was exempted from personal appearance - Accused thus, was not afforded reasonable opportunity to file application u/s 145(2) of the..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Accused claims that he is the only son of his aged parents who are ill and require constant attention - However, no document is filed in this regard - Accused is a relatively young man aged about 38 years - Residence and business of accused is in the same city - There is no undue hardship in..........
