<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2023 (4) TMI 1395 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=460469</link>
    <description>Section 353 of the Code of Criminal Procedure permits pronouncement of judgment despite the absence of an accused or pleader, and the judgment is not invalid on that ground alone. In the context of a Section 138 Negotiable Instruments Act prosecution, the court noted repeated absences and prior opportunities, and treated the pronouncement in absentia as procedurally valid. Section 465 applied only if a failure of justice was shown; because the accused had a fair opportunity to defend and no prejudice was established, the alleged irregularity did not justify reversal. The conviction and sentence were restored and the remand order was set aside.</description>
    <language>en-us</language>
    <pubDate>Thu, 06 Apr 2023 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 27 Jan 2025 21:05:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=792354" rel="self" type="application/rss+xml"/>
    <item>
      <title>2023 (4) TMI 1395 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=460469</link>
      <description>Section 353 of the Code of Criminal Procedure permits pronouncement of judgment despite the absence of an accused or pleader, and the judgment is not invalid on that ground alone. In the context of a Section 138 Negotiable Instruments Act prosecution, the court noted repeated absences and prior opportunities, and treated the pronouncement in absentia as procedurally valid. Section 465 applied only if a failure of justice was shown; because the accused had a fair opportunity to defend and no prejudice was established, the alleged irregularity did not justify reversal. The conviction and sentence were restored and the remand order was set aside.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 06 Apr 2023 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=460469</guid>
    </item>
  </channel>
</rss>