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[Cites 0, Cited by 0] [Section 436] [Entire Act]

Union of India - Subsection

Section 436(3) in The Companies Act, 2013

(3)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Special Court may, if it thinks fit, try in a summary way any offence under this Act which is punishable with imprisonment for a term not exceeding three years:Provided that in the case of any conviction in a summary trial, no sentence of imprisonment for a term exceeding one year shall be passed:Provided further that when at the commencement of, or in the course of, a summary trial, it appears to the Special Court that the nature of the case is such that the sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the casesummarily, the Special Court shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or rehear the case in accordance with the procedure for the regular trial.