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2019 (7) TMI 1005 - HC - Indian LawsDishonor of Cheque - Plea that pleading not guilty was singed by the advocate on behalf of petitioner accused - whether advocate was property instructed - Section 138 of Negotiable Instruments Act, 1881 - repayment of debt - HELD THAT:- The impugned order makes it abundantly clear that in case the Advocate is willing to sign on plea in that case only such application/prayer for exemption was granted. If the contention of the petitioner is accepted that the Advocate was not instructed to sign on plea, in that case it was open for the Advocate not to sign on plea. Since the Advocate for the petitioner has signed the plea and pleaded not guilty, it is not open for the petitioner to say that Advocate was not instructed accordingly. The Supreme Court in the case of BHASKAR INDUSTRIES LTD. VERSUS M/S. BHIWANI DENIM & APPARELS LTD. ORS. [2001 (8) TMI 1407 - SUPREME COURT] has taken a view that magistrate can allow an accused to make even the first appearance through a counsel. The magistrate is empowered to record the plea of the accused even when his counsel makes such plea on behalf of the accused in a case where the personal appearance of the accused is dispensed with. Petition dismissed.
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