Case Name : M/s Bhaskar Industries Ltd vs Bhiwani Denim and Apparels Ltd & Ors
Case Reference: (2001) Supp 2 SCR 219 :
Neutral Citation:
Case Number: Crl A No 858/2001
Court: Supreme Court
Bench: 02
Coram: KT Thomas, KG Balakrishnan
Date: 27.08.2001
Evidence is normally to be taken in the presence of the accused (Page 226; E)
Evidence can be taken in the absence of the accused who has been granted exemption from attending the court, but his counsel must be present (Page 226; E-F)
In Summons Cases, the appearance at the stage of section 251 can be by personal attendance or through advocate (Page 227; B-F)
If the counsel engaged by the accused does not appear, the Magistrate can resort to 205(2). (Page 227; G-H)
The discretion to exempt personal presence is to be exercised only in rare instances (Page 228; B-D): 1. Far distance at which accused resides, carries on business 2. Due to physical or other good reasons
Refer also:
Judgment name
See also: NI Act - Section 138 CrPC - Section 205 CrPC - Section 251 CrPC - Section 273
PDF: Bhaskar Industries Ltd vs Bhiwani Denim and Apparels Ltd, (2001) Supp 2 SCR 219.pdf