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Monday, December 26, 2011

cheque bounces cases - India- proceedings for appearance of accused- whether any personal exemption from appearance can be granted by magistrate court?

Cheque bounce cases: The question of granting exemption from the personal appearance of the accused in Cheque bounce cases (offences under section 138 of Negotiable Instruments Act) is always a changing stage. For some time, the Higher Courts directed the magistrates to grant exemption as a matter of right. But later the Supreme Court observed it is the discretionary power of the magistrate. 
The court shall take in to consideration that, granting of persona exemption shall not affect the proceedings of the case.   It is further observed that, the insistence of the personal appearance of the accused shall not cause enormous suffering on the accused.

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