LAWS(BOM)-2025-1-18

NAVNEET SINGH GOGIA Vs. STATE OF MAHARASHTRA

Decided On January 21, 2025
Navneet Singh Gogia Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The only issue argued before me is about power of the trial Court to proceed with the trial for an offence punishable under Sec. 138 of the Negotiable Instruments Act in absence of the accused. That is to say, 'when neither accused nor his advocate appeared during evidence recording stage, whether trial Court can a) proceed further, b)dispense statement under sec. 313 of the Criminal Procedure Code and c) convict the accused'?

(2.) There were two Summary cases filed before the Court of the Metropolitan Magistrate 33rd Court. They are :-

(3.) Initially, accused have appeared before the trial Court. The events are as follows:-