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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if Magistrate finds that insistence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused - Trial Court directed to proceed in complaint without seeking personal appearance of accused subject to conditions that..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Accused seeking exemption from personal appearance - Rejection of application on the ground that accused has to undergo examination u/s 251 Cr.P.C. - The object of S.251 Cr.P.C. is only to the extent of apprising accused of particulars of offence and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 205, 34 -- Bail - Abetment of suicide - Accused has been in custody since 28.11.2021 - Challan has already been presented and there are 26 witnesses and none of them have been examined - Trial of case is thus, likely to take time - Accused is not involved in any other case - He is sole..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Exemption granted by Revisional Court that petitioners shall furnish bail bonds/surety bonds to the satisfaction of trial Court by putting in appearance before trial Court and on their furnishing undertaking to the effect..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Power u/s 205 Cr.P.C can be exercised when Magistrate has issued summons and not a bailable warrant - Once non-bailable warrant was issued, proper procedure was to appear before Court seek recalling of that warrant and bail in the matter - Without doing that permanent exemption was sought -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Complainant has no objection if prayer of petitioners for being allowed to be represented u/s 205 Cr.P.C at time of recording of plea and examination of accused u/s 313 Cr.P.C. - Impugned order set aside - Directions..........
Criminal Procedure Code, 1973, Section 205 -- Personal attendance in Court - Exemption from - Magistrate granting exemption from personal attendance to accused, Member of Parliament during Rajya Sabha sessions - As per S.205 Cr.P.C. it would essentially be within discretion of Magistrate to grant to such relief in a particular situation - Therefore, exemption granted found..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Proceedings in some other cases would not be a ground for rejection of exemption application...........
