CrPC S 397

Negotiable Instruments Act, 1881 (26 of 1981)  Section 138 – Criminal Procedure Code, 1974 (II of 1974) - Section 397(1)   - Whether for grant of relief of suspension of sentence, in revision, the accused need to surrender and undergo confinement in terms of provisions of Section 397(1) of the Code of Criminal Procedure - Whether before admitting the revision it is necessary first to direct the accused to surrender himself - Appellate Court pronounced the Judgment in absence of the appellant-accused –  Under the provisions of the Criminal Procedure Code, there is no such requirement though many High Courts in this country have made such provision in the respective rules of the High Court - But it is stated to us that there is no such rule in the Bombay High Court Rules - Therefore, this Court cannot reject the revision application, on the ground, that the accused has not surrendered. Bihari Prasad Singh vs. State of Bihar and another, (2000) 10 SCC 346, followed. #2020 SCeJ 831 (Bom.) 

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