Section 742 in Rules of the High Court of Judicature for Rajasthan, 1952
742. Presentation of complaints and issue of processes.
(1)Proceedings under section 45-J of the Act, shall commence with a complaint being presented by the Official Liquidator to such Judge as the Chief Justice may direct. On presentation of the complaint the Judge may issue summons or a bailable or non- bailable warrant against the accused arid shall fix a date for the trial, or may, if he thinks fit postpone the issue of process for compelling the attendance of the person complained against and may direct an inquiry or investigation to be made by the Superintendent of Police or by such other person as he thinks fit, or may dismiss the complaint as he may in his discretion think fit.(2)Process in criminal cases. - All complaints shall be filed in the office of the Registrar and all process Shall issue from his office.(3)What offences to be tried summarily. - All offences punishable under the Act or under the Indian Companies Act. 1913 or under the Companies Act, 1956. may be tried summarily provided they are punishable with imprisonment not exceeding three years with or without fine.(4)Procedure in summary trials. - (a) Where an offence triable under section 45-J is tried summarily, the procedure provided in the Code of Criminal Procedure for the trial of summons cases shall, so far as it is not inconsistent with the provisions of the Act, be applicable. Where, however, the offence to be tried summarily under section 45-J(1) is tried jointly with an offence under section 45-J(2) the procedure provided in the Code of Criminal Procedure for the trial of warrant cases shall be applicable provided that it shall not. be necessary to adjourn the case under section 256(1) of the Code of Criminal Procedure before requiring the accused to enter upon his defence or inquiring of him whether he wishes to further cross examine any witness whose evidence has been taken.(b)Procedure in non summary trials. - Where the offences triable under section 45-J are not tried summarily, the procedure provided in the Code of Criminal Procedure for the trial of warrant cases shall, so far as it is not inconsistent with the provisions of the Act, be applicable.(5)Bail. - The Court may at any time grant bail to the accused on such terms as it thinks proper.(6)Accused person to be competent witness. - Any person against whom a complaint is filed by the Official Liquidator under the Act shall be a competent witness for the defence and may give evidence oath in disproof of the charges made against him or any person charged together with him at the same trial, provided that-(a)he shall not be called or examined as a witness except with his consent;(b)his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against himself or any person charged together with him at the same trial;(c)he shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of any offence with which he is charged, or is of bad character, unless-(i)the proof that he has committed or been convicted of such offence is admissible evidence to show that he is guilty of the offence with which he is charged, or(ii)he has personally or by his Advocate asked questions of any witness for the prosecution with a view to establish his own good character, or has given evidence of his good character or the nature or conduct of the defence is such as to involve imputations character of the prosecutor or of any witness for the prosecution, or(iii)he has given evidence against any other person charged with the same offence.(7)Compounding of offence. - All offences triable under Part III-A of the Act may be compounded with the leave of the Court.Criminal Appeals
