Personal Appearance Exemption in Section 138 NI Act Cases in West Bengal
Repeated travel to a West Bengal Magistrate court can be difficult for an accused who lives in another district or state. Criminal procedure gives the Magistrate power, in an appropriate summons case, to permit representation through an advocate instead of insisting on personal attendance on every date.
Section 228 BNSS
Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits the Magistrate, when issuing summons and where there is reason to do so, to dispense with the accused's personal attendance and permit appearance through an advocate. The Magistrate retains power to direct personal attendance later.
Supreme Court Guidance
In
Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd., the Supreme Court considered the hardship caused by personal attendance where an accused was located far from the court. Later Supreme Court authority has reiterated that Section 205 CrPC—the corresponding earlier provision—gave the Magistrate discretion to dispense with personal attendance in appropriate Section 138 proceedings.
What an Application Should Address
- where the accused ordinarily resides;
- the practical travel burden;
- representation by counsel on required dates;
- an undertaking concerning identity;
- an undertaking not to obstruct evidence merely because of absence; and
- willingness to appear personally whenever the court directs.
Exemption should not be presented as an unconditional right. Previous non-appearance, warrants, trial stage and the need for a particular procedural act may materially affect the court's decision.
Related Help
For an accused outside West Bengal, see the
outstation Section 138 summons guide. For Kolkata Bankshall matters, see the
Bankshall Court appearance guide. For case-specific defence review, see
Cheque Bounce Defence Lawyer in Kolkata.
General legal information only; exemption is discretionary and depends on the individual court record.Increeda Law Firm · Kolkata
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General information only. The appropriate remedy depends on the facts, documents, limitation, forum and applicable procedure.
