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.
Jasbeer Singh (student) 06 August 2012
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.
Rama chary Rachakonda (Secunderabad/Telangana state 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.