Supreme Court of India · 2011-01-14
Tgn Kumar vs State Of Kerala & Ors
- Citation / case number
- AIR 2011 SUPREME COURT 708
- Court
- Supreme Court of India
- Petitioner
- Tgn Kumar
- Respondent
- State Of Kerala & Ors
- Author
- D.K. Jain
- Bench
- H.L. Dattu, Asok Kumar Ganguly, D.K. Jain
Judgment text excerpt
The Supreme Court upheld the High Court's order directing criminal courts to simplify procedures in trials under Section 138 of the Negotiable Instruments Act, 1881. The Court emphasized that personal appearance of the accused can be waived, allowing representation through counsel, and that evidence can be recorded in their absence. The ruling established that the discretion under Section 205 of the Criminal Procedure Code, 1973 should be invoked in such cases, promoting a more rational approach to technical offences without moral turpitude.