CHAPTER XX - TRIAL OF SUMMONS-CASES BY MAGISTRATES
251. Substance of accusation to be stated -
When
in a summons-case the accused appears or is brought before the Magistrate, the
particulars
of
the offence of which he is accused shall be stated to him, and he shall be
asked whether he
pleads
guilty or has any defence to make, but it shall not be necessary to frame a
formal charge.
252. Conviction on plea of guilty -
If
the accused pleads guilty, the Magistrate shall record the plea as nearly as
possible in the
words
used by the accused and may, in his discretion convict him thereon.
253. Conviction on plea of guilty in absence of accused in petty
cases -
(1)
Where a summons has been issued under section 206 and the accused desires to
plead guilty
to
the charge without appearing before the Magistrate, he shall transmit to the
Magistrate, by
post
or by messenger, a letter containing his plea and also the amount of fine
specified in the
summons.
(2)
The Magistrate may, in his discretion, convict the accused in his absence, on
his plea of
guilty
and sentence him to pay the fine specified in the summons, and the amount
transmitted by
the
accused shall be adjusted towards that fine, or where a pleader authorised by
the accused in
this
behalf pleads guilty on behalf of the accused, the Magistrate shall record the
plea as nearly
as
possible in the words used by the pleader and may, in his discretion, convict
the accused on
such
plea and sentence him as aforesaid.
254. Procedure when not convicted -
(1)
If the Magistrate does not convict the accused under section 252 or section
253, the
Magistrate
shall proceed to hear the prosecution and take all such evidence as may be
produced
in
support of the prosecution, and also to hear the accused and take all such
evidence as he
produces
in his defence.
(2)
The Magistrate may, if he thinks fit, on the application of the prosecution or
the accused,
issue
a summons to any witness directing him to attend or to produce any document or
other
thing.
(3)
A Magistrate may, before summoning any witness on such application, require
that the
reasonable
expenses of the witness incurred in attending for the purposes of the trial be
deposited
in
Court.
255. Acquittal or conviction -
(1)
If the Magistrate, upon taking the evidence referred to in section 254 and such
further
evidence,
if any, as he may, of his own motion, cause to be produced, finds the accused
not guilt,
he
shall record an order of acquittal.
(2)
Where the Magistrate does not proceed in accordance with the provisions of
section 325 or
section
360, he shall, if he finds the accused guilty, pass sentence upon him according
to law.
(3)
A Magistrate may, under section 252 or section 255, convict the accused of any
offence
triable
under this Chapter which form the facts admitted or proved he appears to have
committed,
whatever
may be the nature of the complaint or summons, if the Magistrate is satisfied
that the
accused
would not be prejudiced thereby.
256. Non-appearance or death of complainant -
(1)
If the summons has been issued on complaint and on the day appointed for the
appearance of
the
accused, or any day subsequent thereto to which the hearing may be adjourned,
the
complainant
does not appear, the Magistrate shall notwithstanding anything hereinbefore
contained,
acquit the accused unless for some reason he thinks it proper to adjourn the
hearing of
the
case to some other day:
Provided
that where the complainant is represented by a pleader or by the officer
conducting
the prosecution or where the Magistrate is of opinion that the personal
attendance of
the
complainant is not necessary, the Magistrate may dispense with his attendance
and proceed
with
the case.
(2)
The provisions of sub-section (1) shall, so far as may be, apply also to cases
where the nonappearance
of
the complainant is due to his death.
Comments
There
is no denying that the dismissal of the complaint in default under section 256
entails the
acquittal
of the accused. Once an accused has been acquitted of the offence, the law
provides a
remedy
by way of an appeal against the order of acquittal under section 378 (4) of the
Code;
H.P. Agro Industries Corpn. Ltd. v. M.P.S. Chawla, (1997) 2 Crimes 591 (H&P).
257. Withdrawal of complaint -
If
a complainant, at any time before a final order is passed in any case under
this Chapter,
satisfies
the Magistrate that there are sufficient grounds for permitting him to withdraw
his
complaint
against the accused, or if there be more than one accused, against all or any
of them,
the
Magistrate may permit him to withdraw the same, and shall thereupon acquit the
accused
against
whom the complaint is so withdrawn.
258. Power to stop proceedings in certain cases -
In
any summons-case instituted otherwise than upon complaint, a Magistrate of the
first class or,
with
the previous sanction of the Chief Judicial Magistrate, any other Judicial
Magistrate, may,
for
reasons to be recorded by him, stop the proceedings at any stage without pronouncing
any
judgment
and where such stoppage of proceedings is made after the evidence of the
principal
witnesses
has been recorded, pronounce a judgment of acquittal, and in any other case
release,
the
accused, and such release shall have the effect of discharge.
259. Power of Court to convert summons-cases into warrant cases -
When
in the course of the trial of a summons-case relating to an offence punishable
with
imprisonment
for a term exceeding six months, it appears to the Magistrate that in the interests
of
justice,
the offence should be tried in accordance with the procedure for the trial of
warrantcases,
such
Magistrate may proceed to re-hear the case in the manner provided by this Code
for
the
trial of warrant-cases and may recall any witness who may have been examined.
