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IN THE HIGH COURT OF ALLAHABAD
Arun Kumar Singh Deshwal
Shree Narain Sarees/Textiles Situated – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Sri Kavindra Singh, learned counsel for the applicant, Sri Purushottam Mani Tripathi, learned counsel for the opposite party no.2 as well as Sri Padmakar Rai, learned A.G.A. for the State and perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 07.08.2024 passed by the Additional Court, Varanasi in Complaint Case No. 151/2021 ( M/s Narain Sarees Vs. M/s M.S.H. Sarees Pvt. Ltd. ) under Sections 138 N.I. Act, P.S. Chowk, District Varanasi and direct the opposite party no.2 to appear before the court below personally although order dated 23.04.2024 passed by this Hon'ble Court in Criminal Revision No.905/2024 clearly shows O.P. No.2 has not exempted for his personal appearance before the court below.
3. The sole contention of learned counsel for the applicant is that the court below while allowing the application of the opposite party no.2 under Section 205 Cr.P.C. failed to consider that for the purpose of recording statement under Section 251 Cr.P.C. the presence of the accused is necessary. It is further submitted by learned counsel for the applicant that the applicant again
Exemptions from personal appearance under Section 205 Cr.P.C. can be granted at any stage, provided there is an undertaking that counsel will represent the accused, ensuring fair trial progress.
Judicial discretion under Section 205 Cr.P.C. allows personal appearance exemptions in summary proceedings, ensuring fair trial processes while accommodating the accused's circumstances.
The main legal point established in the judgment is the discretion of the magistrate to dispense with the personal attendance of the accused in summons cases under Section 138 of the NI Act, while en....
The court has discretion to exempt an accused from personal appearance based on individual circumstances, particularly health and age, ensuring trial efficiency.
Point of Law : Provisions requiring the presence of the accused which mandate that the trial be held in his presence are enacted for the benefit of the accused.
The main legal point established in the judgment is the interpretation and application of Section 205 of the Code of Criminal Procedure in granting exemption from personal appearance based on the ser....
Exemption from personal appearance – Discretion to dispense with personal appearance should be exercised in rare cases but still it would be allowed to those accused who could not come to court due t....
Judicial discretion under Section 205 Cr.P.C. must balance an accused's personal circumstances against case seriousness; exemption from appearance can be granted if sufficient cause is shown.
The court ruled that the exercise of judicial discretion under Section 205 of the Code of Criminal Procedure must consider the age and health of the petitioner when deciding on personal appearance ex....
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