Code of Criminal Procedure, 1973–Secs. 82, 83 & 446 [Corresponding Secs. 84, 85 & 491 of BNSS, 2023] –Negotiable Instruments Act, 1881–Sec. 138–Proceedings u/ss. 82 & 83 and issuance of arrest warrant–Justification–Observation of Trial Court that in the past hearing also, petitioner had moved applications to seek exemption of personal presence which inter alia was the basis of rejecting his application, stating that the reasons assigned for his absence did not seem to be genuine–In the matter in hand, the proceedings are semi-criminal/civil in nature–Personal attendance should not be insisted upon if an application is moved for a particular hearing, unless the Trial Court needs to either examine the under-trial or his statement is to be otherwise recorded for proceedings further in the matter–Impugned order is liable to be set aside.
