Summons case

Question 1

Chap dealing with Summons case and sections

Answer 1

20
251-259

Question 2

… are cases not being warrant case

Answer 2

Summons case

Question 3

Summons cases are cases not being

Answer 3

Warrant case

Question 4

Sessions cases are cases not being warrant case

Answer 4

false
summons cases are not warrant cases

Question 5

Which sec defines
Warrant case
Summons case

Answer 5

2(x)
2(w)

Question 6

Cases were court has no discretion to convict or not if plead guilty is only in

Answer 6

Summons cases 252

Question 7

In summons cases formal cxharges are framed

Answer 7

No
No formal charge
based pon particulars opf offence

Question 8

facts related to Summons case

Answer 8

Not being warrant case
No discretion if pleads guilty-
Plea should be recorded nearly same as used by accused
No seperate sec regarding prosecution evidence taking or defence evidence taking
Compensation part in 250 of warrant case chap applicable
Coul;d be converted to warrant case if punishement needed 6 months+ interest opf justice
if petty case- can plead through letter
Sec rel to Reasonable expence for attendance to witness

Question 9

No formal charges / particulars of offence be stated in summons case in Sec

Answer 9

251

Question 10

251 reference of

Answer 10

No formal charge, particulars of offence needed
asked if pleads guilty
asked if makes any defence
No subsection

Question 11

Conviction on plea of guilty in absence of ACCUSED

Answer 11

253

Question 12

Reference og Sec 206 in

Answer 12

253
Offences which are petty

Question 13

According to 253; if accused submits a letter through post or messenger with fine and ple, Mag should/ without any discretionary power should record the plea

Answer 13

False
to convict upon letter -253-2 mag has discretion

Question 14

As 253-2 if a pleader represents with plea of guilty-

Answer 14

Mag shall record plea as nearly as same- as in case on non petty cases252

Question 15

254

Answer 15

1-3
1 Doesnt plead as 252/253, proceed to hear : Take all such evidence by prosecution and defence
2 Issue summons on his discretion (prosecution/defence
3Reasonable expence to such witness in court deposited

Question 16

acquittal/ conviction in case of summons cases

Answer 16

255
1-3
1- acquittal
2 if not 325/360- pass sentence
3 Conviction should not be based on nature of complaint/ summons; Should be based on FACTS- PROOVED and ADMITTED by accused
Accused shall not be prejudiced

Question 17

259 referrs about previous conviction

Answer 17

No

Question 18

259-3 refers about

Answer 18

Non prejudiced but fact proven/ admitted based conviction

Question 19

259-3 reasonable expence for attendance

Answer 19

No
254-3

Question 20

Which case has sections dealing with
Death/ absence of complaint (249)
withdrawal of complaint\
Stopping procedure

Answer 20

Summons case

Question 21

which section deals wqith death or absence of complainant- procedure in summons case
what is done

Answer 21

256- 1,2
1) adjourn/ ACQUITTED or Proceeded if
represented by pleader and court seems ok
2) above said applicable if compainant is DEAD

Question 22

Sec rel to death of complainant

Answer 22

256-2

Question 23

Withdrawal of complaint
Condition to withdraw
what happens if withdrawn in 2 conditions

Answer 23

257
Reason satisfies Mag
if satisfied- ACQUITTAL
without satisfying- DISMISSAL of complaint

Question 24

Power of COURT to stop proceeding
Sec
Who can stop
What is needed to stop
Extra condition

Answer 24

258
first class mag or { any JM + CJM’s prior approval ) + REASON
CJM’s permission for any other mag than 1st class mag
ACQUITTED- if after taking main witnesses’s evidence
DISCHARGED if before
MAy/ may not pronounce judgment

Question 25

259 deals with

Answer 25

Convertion of summons to warrant case
Rehear as per warrant case’s procedurew; Recall any witness

Question 26

Summons cases may be converted to warrant cases if

Answer 26

Punishment needed is >6 MONTHS
Interest of JUSTICE