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Can a paralyzed person be punished under section 138 NI Act
20-Mar-2023 (In Cheque Bounce Law)
1. Can court exempt paralized accused for non appearance in court ? 2. Does court give punishment to paralized bed ridden accused patients u/s 138 of NI Act
According to the section 205 of CrPC Magistrate may dispense with personal attendance of accused.
(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided."
Also, if the accused is paralyzed then, the court will order to recover the said default of payment, for which the Hon'ble court may attach the immovable and movable property accordingly.
(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided."
Also, if the accused is paralyzed then, the court will order to recover the said default of payment, for which the Hon'ble court may attach the immovable and movable property accordingly.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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If the offence is proved then the accused in whatever condition has to face the verdict there is no special law or provision for medically ill persons but yes for sure that person may get exemption from personnel attendance
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Adv. Sagar Kothari
Pune | 400+ Answers
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