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HC affirmed that in Section 138 NI Act cases, being quasi-criminal in nature ("civil sheep in criminal wolf's clothing"), courts can proceed with trial in accused's absence and dispense with Section 313 CrPC statement if the accused remains willfully absent without justification. The court upheld the Metropolitan Magistrate's conviction order, ruling that mandatory recording of Section 313 statements traditionally required in criminal trials is not strictly applicable to cheque dishonor cases. The absence of accused during evidence stage and non-recording of Section 313 statement does not vitiate trial proceedings when absence is unjustified. Both revision applications challenging the conviction were dismissed, confirming original sentence u/s 138.
HC affirmed that in Section 138 NI Act cases, being quasi-criminal in nature ("civil sheep in criminal wolf's clothing"), courts can proceed with trial in accused's absence and dispense with Section 313 CrPC statement if the accused remains willfully absent without justification. The court upheld the Metropolitan Magistrate's conviction order, ruling that mandatory recording of Section 313 statements traditionally required in criminal trials is not strictly applicable to cheque dishonor cases. The absence of accused during evidence stage and non-recording of Section 313 statement does not vitiate trial proceedings when absence is unjustified. Both revision applications challenging the conviction were dismissed, confirming original sentence u/s 138.
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