In cheque bounce cases, which are semi-criminal/civil in nature, the presence of the accused should not ordinarily be insisted upon, unless the trial court needs to either examine the accused or his statement is to be recorded, says the Rajasthan High Court.
The High Court was hearing a quashing plea of a man booked for cheque dishonour under Section 138 of Negotiable Instruments Act. The accused had challenged the trial court’s order which forfeited his bail bonds and issued an arrest warrant against him for non-appearance on a date.
The trial court had initiated proceedings relating to forfeiture of bond against the man’s surety, under Section 446 of the Code of Criminal Procedure (CrPC) as well.
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