Threshold interference in cheque dishonour proceedings declined; accused may seek dispensation of personal attendance before trial court.

Interference at the threshold in prosecutions under Sections 138 and 141 of the Negotiable Instruments Act was declined because whether the ingredients of the offences were made out could be determined only on evidence. The Court therefore did not entertain the challenge at that stage. On the question of appearance, it noted that an application under Section 205 of the Code of Criminal Procedure may be made before the trial court, which should consider dispensing with the accused's personal attendance on appropriate terms and conditions. The threshold challenge failed, but the request for dispensation of personal attendance was left open before the trial court.

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Issues: Whether the Court should interfere at the threshold with criminal proceedings under Sections 138 and 141 of the Negotiable Instruments Act, 1881, and whether personal attendance of the accused could be dispensed with under Section 205 of the Code of Criminal Procedure, 1973.

Analysis: The challenge to the complaint required examination of whether the ingredients of the offences were established, which the Court held could be effectively determined only on evidence. On that basis, the Court declined to entertain the petition at that stage. At the same time, the Court noted the request regarding appearance and directed that, if an application under Section 205 of the Code of Criminal Procedure, 1973 is made, the trial court should consider dispensing with personal attendance, subject to appropriate terms and conditions.

Conclusion: The threshold challenge to the proceedings was not accepted, while liberty was granted to seek dispensation of personal attendance before the trial court.

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