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 436 -- Bail - Bailable offence - Even in a bailable offence, on being summoned, accused must immediately put in appearance and seek bail - Only thereafter accused may seek exemption from personal appearance in case circumstances so warrant...........
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...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Application for exemption from personal appearance of accused rejected - Merely because accused can very well appear in Court is no ground to reject application u/s 205 Cr.P.C...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Accused should seek exemption from personal appearance from trial Court - However, taking into account the peculiar facts and circumstances of case, especially keeping in mind the position occupied by petitioners, Supreme Court granted exemption from personal appearance before trial Court,..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Exemption from personal appearance - Permissibility - Presence of accused can be dispensed with by Court on being satisfied of his incapacity or inability from the reasons put forth by him - Counsel therefore, engaged by accused or appointed by Court for accused, could satisfactorily represent him in..........
Criminal Procedure Code, 1973, Section 313(5) -- Examination of accused - Exemption from personal appearance - Accused can file written statement after obtaining permission of Court to dispense him from being personally present and that would be sufficient compliance of requirement contemplated u/s 313(1)(b) Cr.P.C...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Exemption from personal appearance - Since examination of accused is meant to be conducted without oath being administered, evidentiary value is not meant to be fastened to the answers given by accused during examination u/s 313(1)(b) Cr.P.C...........
