Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant contended that his non-appearance or his counsel on adjourned date was neither intentional nor deliberate, as he had asked his counsel to move application for exemption but because..........
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 -- Exemption from personal appearance - Proceedings in some other cases would not be a ground for rejection of exemption application...........
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..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Order of acquittal of accused - Complainant remained absent on many dates - Matter was listed on 14 occasions before trial Court - Complainant was absent on 5 occasions, which is quite a large number almost 36% in 14 dates - Only excuse given by complainant is that his advocate advised him not to..........
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...........
