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2023 (8) TMI 1127 - ALLAHABAD HIGH COURTDishonour of Cheque - insufficiency of funds - validity of issuance of summon to stand trial for the offence under Section 138 of the Act, 1881 - non-application of mind - HELD THAT:- It transpires that the applicant is being tried for the offence under Section 138 of the Act, 1881. On 23.10.2019, due to absence of the applicant in the learned trial court concerned, process under Section 82 Cr.P.C. came to be issued. Admittedly, the present applicant is a woman, who is a senior citizen. The issuance of non-bailable warrant and process under Section 82 Cr.P.C. simultaneously cannot be appreciated in view of law laid down by the Hon’ble Supreme Court in Inder Mohan Goswami’s case [2007 (10) TMI 550 - SUPREME COURT] and Raghuvansh Dewanchand Bhasin’s case [2011 (9) TMI 1224 - SUPREME COURT] as the same is patently illegal and, therefore, unsustainable. In case, the applicant, who is a woman and is a senior citizen, moves an application seeking dispensation of her personal attendance before the learned trial court concerned, the learned trial court concerned is expected to dispose of the same by dispensing with personal attendance of the applicant subject to the fact that whenever the learned trial court concerned finds her physical appearance necessary, she may be directed to appear in person - This Court, on a careful perusal, finds that the applicant has not challenged the order whereby the applicant was summoned to stand trial for the offence under Section 138 of the Act, 1881. In want of specific challenge to the summoning order, at this stage, this Court is not inclined to interfere with the same particularly having regard to the observations made - the present application under Section 482 Cr.P.C. is partly allowed.
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