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Umesh H. Valecha vs. The State & Anr.

Criminal Miscellaneous Case · 2026:DHC:7467Decided 1 Sept 2026New Delhi Bench
CRL.M.C. 711/2024CNR: DLHC010026772024
Justice Manoj Jain

Background

The petitioner was one of the accused in a cheque-bounce complaint filed by M/s Punj Lloyd Ltd. under Section 138 of the Negotiable Instruments Act. His application before the trial court for permanent exemption from personal appearance had been declined, though the trial court left open the possibility of case-by-case exemption.

Decision Breakdown

The petitioner, a Mumbai resident, argued travel to Delhi for every hearing was difficult, that his identity was undisputed, and that he would always be represented by counsel and would not dispute proceedings conducted in his absence. Noting an existing interim exemption had continued unchallenged since 2024 and that the complainant had failed to appear on the last three dates, the Court granted permanent exemption from personal appearance, subject to the petitioner not disputing his identity or the proceedings, and appearing in person only if specifically directed by the trial court.

Lesson Learnt

An accused living far from the trial court, and cooperating fully through counsel, can be granted exemption from personal appearance in a Section 138 NI Act case, provided they undertake not to dispute proceedings held in their absence.

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