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Showing posts from March, 2023

Is an Accused required to appear before the Court on every date?

On 27th August 2001, a Division Bench of the Hon’ble Supreme Court in Criminal Appeal No. 858 of 2001 titled Bhaskar Industries Ltd. V. Bhiwani Denim & Apparels Ltd . reported as (2001) 7 SCC 401 has decided a substantial question of law relating to exemption from personal appearance/attendance in criminal cases, wherein, an accused in an offence punishable under Section 138 of the Negotiable Instrument Act of 1881 submitted an application for exemption from personal appearance mainly on two grounds:  The offence under Section 138 of the NI Act is not a serious offence;  The insistence on the physical presence of the accused in the case would cause substantial hardships and sufferings to him as he is a resident of Haryana and the case is pending in Bhopal. The application was allowed by the trial court. However, the said order granting exemption from personal appearance was set aside by the Sessions Judge and the order setting aside the order passed by the trial court was...