Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Application u/s 205 Cr.P.C has to be examined on its own facts and grounds given in exemption application and have to be taken into consideration and after applying mind on grounds taken if Court finds that there is a genuine reason or not in attending proceedings, exemption applications may..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Accused is required to appear before trial Court on every Friday and he as such is appearing before Court since 2013 - Nothing on record that at any point of time accused tried to delay trial - Accused is represented through his counsel - He was permanent resident of Delhi and he is director..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Advocate for accused can record the plea on the first day u/s 205 Cr.P.C, for which written application by accused is not contemplated...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Magistrate allowed the prayer of Advocate of accused and dispensed with presence of accused, subject to advocate sign on plea - In case Advocate is willing to sign on plea in that case only such prayer for exemption..........
Criminal Procedure Code, 1973, Section 205, 317 -- Exemption from personal appearance - Accused/petitioner is a female and is residing with her husband - She is on bail and duly represented by her counsel - Distance between place where petitioner is residing from the Court is approximately 230 kms - Personal appearance of petitioner thus, exempted...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Order rejecting application for exemption from personal appearance does not disclose reason or insisting physical presence of petitioners for which privilege of S.205 Cr.P.C could not be extended - Parties are related to each other and their requirement in day-to-day household affairs is to..........
Criminal Procedure Code, 1973, Section 205, 317 -- Exemption from personal appearance - Application filed by accused prior to his appearance in Court - Exemption sought on the ground that distance between residence of accused and place of trial is 1750 kms - A-3 was a business man and A-4 was a student - Sufficient grounds made out for granting exemption from personal..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - When Court has applied its judicious mind to exempt accused, his absence cannot be found fault with by the Court...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal attendance - Privilege u/s 205 Cr.P.C is exception to ordinary rule of attendance of accused in the course of trial - Such privilege is to be resorted to where offence does not involve mens rea and not in cases where public funds running to crores are allegedly misappropriated by using fraud and..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Order rejecting application for exemption from personal appearance without taking into account social status, age and necessity of personal attendance of petitioner - Erroneous and liable to be set aside, as Magistrate has not exercised his judicial discretion properly...........
