https://www.taxtmi.com/caselaws?id=442148 Simultaneous issuance of a non-bailable warrant and process under Section 82 CrPC against an accused in a Section 138 NI Act complaint was held unsustainable because coercive criminal process must be issued progressively, with proper scrutiny and application of mind. The normal sequence is summons, then bailable warrant, and only thereafter non-bailable process where intentional avoidance is shown; on that basis, the warrant and Section 82 process were quashed. The court also noted that personal attendance may be dispensed with under Section 205 CrPC where justified, especially for a woman senior citizen. The challenge to the summoning order itself was not accepted, and issues concerning source of funds and the Section 139 NI Act presumption were left for trial. en-us Fri, 18 Aug 2023 00:00:00 +0530 Fri, 25 Aug 2023 15:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=442148 Simultaneous issuance of a non-bailable warrant and process under Section 82 CrPC against an accused in a Section 138 NI Act complaint was held unsustainable because coercive criminal process must be issued progressively, with proper scrutiny and application of mind. The normal sequence is summons, then bailable warrant, and only thereafter non-bailable process where intentional avoidance is shown; on that basis, the warrant and Section 82 process were quashed. The court also noted that personal attendance may be dispensed with under Section 205 CrPC where justified, especially for a woman senior citizen. The challenge to the summoning order itself was not accepted, and issues concerning source of funds and the Section 139 NI Act presumption were left for trial. Case-Laws Indian Laws Fri, 18 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=442148