Summary trial under the Negotiable Instruments Act can sustain conviction even when the accused stays absent and does not cross-examine.

In prosecutions under Section 138 of the Negotiable Instruments Act, 1881 tried summarily, the special procedure under Section 143 overrides the general procedure in the Code of Criminal Procedure, 1973. The complainant's evidence may be recorded even if the accused is absent, and a Section 313 statement is not required in the summary-trial record. Where the accused was given adequate opportunity but repeatedly failed to appear, cross-examine, or participate despite coercive process, the conviction and sentence were sustainable and the challenge failed.

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Issues: Whether a conviction under Section 138 of the Negotiable Instruments Act, 1881 could be sustained when the accused repeatedly failed to appear, cross-examine the complainant, and participate in the proceedings, and whether the absence of the accused barred the Trial Court from recording evidence and convicting him in a summary trial.

Analysis: Offences under Chapter XVII of the Negotiable Instruments Act, 1881 are to be tried summarily, and the Act contains a special procedure overriding the general procedure under the Code of Criminal Procedure, 1973. The scheme of Section 143 of the Negotiable Instruments Act, 1881 read with Sections 262 to 265 of the Code of Criminal Procedure, 1973 permits summary trial unless the Magistrate records reasons for treating the matter otherwise. In such a summary trial, there is no requirement to record the complainant's evidence in the presence of the accused, and the record of summary trial does not contemplate a statement under Section 313 of the Code of Criminal Procedure, 1973. The accused in this case was given full opportunity, but remained absent and did not avail cross-examination or other participation despite coercive process.

Conclusion: The conviction and sentence were sustainable, and the challenge to the judgment of conviction failed.

Ratio Decidendi: In a complaint under Section 138 of the Negotiable Instruments Act, 1881 tried as a summary trial, the complainant's evidence may be recorded in the absence of the accused, and the absence of a Section 313 statement does not vitiate the conviction where the accused has been given adequate opportunity but remains absent.

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