Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - High Court granted exemption from personal appearance in exercise of power u/s 482 Cr.P.C. - Order set aside - It is discretion of Magistrate whether to grant exemption or not...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Accused aged persons aged persons and enjoying benefit of exemption from appearance - Permission sought for examination u/s 313 Cr.P.C. by supplying questionnaire to the Advocates - Held, pragmatic and humanistic approach is to be adopted as accused are unable..........
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...........
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 - Exemption from personal appearance - Accused based in Orissa - Personal appearance during trial exempted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance - Dismissal of application - Reasons not assigned - Court while passing an order is required to assign reasons for the conclusions arrived at - Impugned order set aside - Court to decide application afresh...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption of personal appearance of accused - Complaint u/s 138 of NI Act can be disposed of mostly on the basis of documents and other evidence - In such a case presence of accused on all dates is not necessary and Court should only insist on presence of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Cheque amount Rs.2 lakhs - Exemption granted from personal appearance on deposit of an amount of Rs.2 lakhs...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Accused appeared through counsel and moved an application for exemption from his personal appearance - Application dismissed and non bailable warrants issued and also issued process u/ss 82/83 Cr.P.C. - Order set aside - Issue of non bailable warrants and issue of process u/ss 82/83..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Exemption from personnel appearance - Petitioner, a household lady, having two school going children - Petitioner has to also look after her old mother-in-law besides two school going children - Occurrence 5 years old - Exemption from personal appearance..........
