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TMI Blog2000 (10) TMI 982X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Procedure before the learned Judicial Magistrate, Bhavani, against the respondent-Pasupathi, alleging that he had committed an offence under Section 138 of the Negotiable Instruments Act. According to the petitioner, he had followed the procedure laid down under the relevant provisions of the Negotiable Instruments Act to prefer the complaint. The learned Judicial Magistrate, Bhavani, took the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of the accused and notice need not be sent to him. 3. Heard the learned counsel for the appellant. In Associated Cement Co. Ltd. v. Keshavanand 1998 CriLJ 856, the Apex Court has pointed out as under:-- 3. What was the purpose of including a provision like Section 247 in the old Code (or Section 256 in the new Code). It affords some deterrence against dilatory tactics on the part of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... personal attendance of the complainant is not necessary on that day the Magistrate has the power to dispense with this attendance and proceed with the case. When the Court notices that the complainant is absent on a particular day the Court must consider whether personal attendance of the complainant is essential on that day for the progress of the case and also whether the situation does not jus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whether the accused had entered appearance or not. It did not also read that it was the appointed day for the appearance of the accused on the date fixed for trial. The order also did not show that on the date of the hearing, the accused was present. It was not stated in the order that the case was posted for final hearing on that date. It was also not stated that the complainant had been absent o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e instant case. 6. The view expressed by A. Raman, J. in the decision cited supra, has been reiterated by K. Matarajan, J. in Sri Shanmugha Priya Finance and Chits Rep. by its Manager N. Murugeshv. V. Durairaja, 1999 (2) MWN (Cri) 89. 7. Having gone through the order passed by the learned Judicial Magistrate, Bhavani. I feel that the learned Judicial Magistrate has exercised his discretion a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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