The Court allowed a fresh application by the petitioner in a cheating case to be represented under Section 205 Cr.P.C., subject to personal presence. Interim order of May 14, 2010, was vacated.
Petitioner permitted representation under Section 205 Cr.P.C. subject to personal presence; interim order of 14.05.2010 vacated.
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CRLREV NO.718 OF 2010
02 21.06.2018
Heard learned counsel for the petitioner and learned counsel for the opposite party.
Prayer has been made assailing the order dated 08.02.2010 passed by the learned S.D.J.M.,Baripada rejecting an application of the petitioner to be represented under Section 205, Cr.P.C.. The proceeding is under Section 138 of the N.I. Act and as seen from the record, the matter has been stayed since 2010 pending disposal of the criminal revision.
Considering the submissions and the circumstances, it is directed that on a fresh application made by the petitioner before the learned S.D.J.M., Baripada in the aforesaid case, he shall be permitted to be represented under Section 205, Cr.P.C. subject to the condition that he shall remain present in the court in person as and when so directed by the learned court below.
The CRLREV is disposed of accordingly.
Interim order passed on 14.05.2010 stands vacated.
………………… J.P.Das, J.
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1 issue framed by the court
Whether petitioner should be permitted representation under Section 205 Cr.P.C. in proceedings under Section 138 N.I. Act.
2 provisions across 2 enactments
Petitioner
Opposite Party
J.P. Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
