Criminal Procedure Code, 1973, Section 200, 202 -- Accused has no locus standi till summons or process is issued to him...........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Summons to produce documents - Person so summoned does not become a witness - Cannot be cross examined unless and until he is called as a witness...........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Summons to produce documents - Person so summoned need not personally attend Court - He may cause production of documents summoned...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Summons - Magistrate can dispense with personal attendance of accused at the time of issuance of summons - There is no impediment whatsoever for a fair and efficient trial if only a summons u/s 205 Cr.P.C. is issued in all prosecutions u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 205 -- Dishonour of cheque - Summons - When summons are issued u/s 204 Cr.P.C. then at any stage before actual appearance of accused or after such appearance, power u/s 205 Cr.P.C. can be invoked...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - In such a case plea of accused can be recorded through his counsel...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 313(1)(b) -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - In such a case examination of accused u/s 313(1)(b) Cr.P.C. can also be dispensed with...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205(2) -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - If accused is acquitted or accused is convicted and sentenced with a fine only then it is not necessary to insist on personal presence of accused to receive judgment - However, if sentence is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389(3) -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - Such an accused when directed only to appear to receive judgment must be held to be person to whom the benefit of S.389(3) is available...........
Criminal Procedure Code, 1973, Section 204 -- Summoning order - Mens rea - Can only be decided at the time of trial and not at the stage of issuing summons...........
