Personal appearance in summons cases may be dispensed with at first appearance where counsel is authorised to record plea.

In a summons case, a Magistrate may dispense with the accused's personal appearance at the initial stage when counsel is present and authorised to take steps, including recording the plea. The text distinguishes that stage from the later appearance contemplated by Section 317 of the Code of Criminal Procedure, 1973. In a cheque dishonour prosecution under Section 138 of the Negotiable Instruments Act, 1881, proceedings must be conducted expeditiously under Section 143, and the statutory focus on prompt disposal supports such procedural directions. The conditional exemption order and recording of plea through counsel were treated as valid, and interference was declined.

---

---

Issues: Whether the Magistrate was justified in granting exemption from personal appearance to the accused on the condition that counsel may record the plea, and in proceeding in a cheque dishonour prosecution under the summary trial framework with directions consistent with expeditious disposal.

Analysis: In a summons case, the Magistrate has discretion to dispense with the personal appearance of the accused at the initial stage where the accused is represented by counsel and the counsel is instructed to take appropriate steps. The judgment treats the filing of a plea through counsel as permissible in the first appearance stage and distinguishes the later-stage appearance contemplated by Section 317 of the Code of Criminal Procedure, 1973. The proceedings under Section 138 of the Negotiable Instruments Act, 1881 are to be conducted expeditiously under Section 143 of that Act, and the Court relied on the statutory mandate and the need for prompt disposal of cheque dishonour cases in upholding the impugned order.

Conclusion: The conditional exemption order and the recording of plea through counsel were held valid, and interference was declined.

---