https://www.taxtmi.com/caselaws?id=423530 Criminal trial procedure under section 138 of the Negotiable Instruments Act requires the accused's presence for recording evidence unless the Code expressly permits a departure or personal attendance is validly dispensed with. The High Court noted that summons service alone does not justify an ex parte criminal trial; where the accused does not appear, the proper course is to secure attendance through coercive process rather than proceed to conviction in absence. It also stated that examination under section 313 CrPC cannot be omitted merely because the accused is absent, since that safeguard remains necessary unless a valid basis for dispensation exists. The convictions were set aside and the matters remanded for fresh disposal. en-us Tue, 24 May 2022 00:00:00 +0530 Wed, 08 Jun 2022 10:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=423530 Criminal trial procedure under section 138 of the Negotiable Instruments Act requires the accused's presence for recording evidence unless the Code expressly permits a departure or personal attendance is validly dispensed with. The High Court noted that summons service alone does not justify an ex parte criminal trial; where the accused does not appear, the proper course is to secure attendance through coercive process rather than proceed to conviction in absence. It also stated that examination under section 313 CrPC cannot be omitted merely because the accused is absent, since that safeguard remains necessary unless a valid basis for dispensation exists. The convictions were set aside and the matters remanded for fresh disposal. Case-Laws Indian Laws Tue, 24 May 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=423530