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The Bombay High Court has ruled that cheque dishonour trials under Section 138 NI Act can proceed even if the accused is absent, provided he has not sought exemption from personal attendance.
The Court held that an accused cannot stall proceedings by deliberately remaining absent.
Magistrates are empowered to record evidence and continue with the trial in such situations.The decision underscores the need for speedy disposal of cheque bounce cases. It prevents misuse of the process of law and ensures justice to the complainant.