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january 2011

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.

Tgn Kumar vs State Of Kerala & Ors · Niyam