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Jasbeer Singh (student)     06 August 2012

Presence of accused

weather matter can be compounded without presence of accused?.. he is an accused and has been issued a non bailable warrant on sec 138 of the ni act according to section 204 crpc.



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 August 2012

Mr.Jasbeer singh,

 

 If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be-

 

(a) A summons-case, he shall issue his summons for the attendance of the accused, or

 

(b) A warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.

 

(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.

(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.

 

(4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.

Advocate Bhartesh goyal (advocate)     07 August 2012

Accused has to  be present in  person  in court for compounding the case.


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