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Head Note

The Negotiable Instruments Act, 1881  - Section 138 , The Code of Criminal Procedure, 1973  - Section 482 , Section 205 , Section 313

Complaint for dishonor of cheque - Magistrate granting general exemption to the accused from personal appearance before the Trial Court - High Court laying down the afore-extracted general directions to the lower Courts - Appeal against - In summons case, when personal appearance of the accused has been dispensed with u/Sec. 205 of the Code, a discretion vested in the Magistrate to dispense with the rigour of personal examination of the accused u/Sec. 313 of the Code as well - Supreme Court opined that order of the Magistrate should be such which does not result in unnecessary harassment to the accused - At the same time the order of Magistrate does not cause any prejudice to the complainant - High Court exceeded its jurisdiction by laying down the afore-extracted general directions which are inconsistent with the Sections 205 and 313 of the Code - Impugned order containing general directions to the lower Courts set aside - Appeal allowed.

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