Court will dispense with the personal attendance by stipulating conditions

Citation

AIR 2005 SUPREME COURT 2436

SUPREME COURT

(From : 2004 Cri LJ 2298 (Guj))

DR . ARIJIT PASAYAT , J. and S. H. KAPADIA , J.

Criminal Appeal No. 609 with 619-620 and 611 of 2005 (arising out of SLP (Cri.) No. 983 with 1168-1169 and 1650 of 2004), D/- 25 - 4 - 2005

S. V. Muzumdar and others Appellants v. Gujarat State Fertilizer Co. Ltd and another Respondents.

(A)Negotiable Instruments Act (26 of 1881), S.138, S.141 - Dishonour of cheque - Complaint -

Offence by company - Accused persons alleged that there was no material to show that at time

of offence they were in charge of or responsible to company for conduct of business - Complaint

could not be quashed on said ground - Said question have to be adjudicated at trial. Criminal

P.C. (2 of 1974), S.482 -

 (Paras 8 , 11 , 12) 

(B)Criminal P.C. (2 of 1974), S.205 - Dispensing with personal attendance - Consideration for

- Court has to consider whether any useful purpose would be served by requiring personal

attendance of accused or whether progress of trial is likely to be hampered on account of his

absence - If at any stage trial Court comes to conclusion that accused persons are trying to delay

completion of trial, it can refuse prayer for dispensing with personal attendance.

 (Para 13)