All offences shall be tried by a Judicial Magistrate of him first class or by a Metropolitan Magistrate and the provisions of Secs 262 to 265 of the code of Criminal Procedure 1973, dealing with summary trial of offences shall apply to such trials. In the case of any conviction in a summary trial , it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount f fine not exceeding Rs 5000/-
When at the commencement of, or in the course of summary trial it appears to the Magistrate that the nature of the case is such that sentence of imprisonment for a term exceeding one year may have to be passed or for any other reason it is undesirable to try the case summarily, the Magistrate shall after hearing the parties record an order to that effect. The Magistrate shall thereafter recall any witness who may have been examined and proceed to hear the case on the manner provided by the Code of Criminal Procedure 1973.
The trial of a case, so far as practicable consistently with the interests of justice, shall be continued form day to day until its conclusion, unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing. Every trial shall be conducted as expeditiously as possible and an endeavor shall be made to conclude the trial within six months form the date of filing of the complaint.
Mode of service of summons (Sec 144)
A Magistrate issuing a summons to an accused or a witness may direct a copy of summons to be served at the place where such accused or witness ordinarily resides or carriers on business or personally work for gain, by speed post or by such counter services as are approved by the Court of Session.
Where an acknowledgement purporting to be signed by the accused or the witness or an endorsement purported to be made by any person authorized by the postal department or the courier services that the accused or the witness refuse to take delivery of the summons has been received, the court issuing the summons may declare that the summons has duly served.
Evidence on Affidavit (Sec 145)
The evidence of the complainant may be given by him on affidavit. Subject to all just exceptions, such an affidavit may be read in evidence in any enquiry trial or other proceedings under the Code of Criminal Procedure, 1973. The court may, if it thinks fit, and shall on the application of the prosecution or the accused summon or examine any person giving evidence on affidavit s to the facts contained therein.
Offences to be compoundable (Sec 147)
Every offence punishable under this Act shall be compoundable. Prior to the introduction of this section, Supreme Court case of OP Dholakia v state of Haryana & Anr. (2000) 1 SCC 762 after taking into a compromise granted permission to compound. Now with the statutory sanction Supreme Court in case of Anilkumar Haritwal & Anr. v. Alka Gupta & Anr (2004) 4 SCC 366 and in the case of BC Seshadri v BN Surya narayana Roa (2004) 11 SCC 510 allowed the compounding of offence on the basis of parties settling their dispute and setaside the sentence imposed.
Offences by companies:
If the person committing an offence is the company, every person who is in charge of and responsible to the company at the time of the offence, such a person and the company shall be deemed to be guilty of the offence and shall be punished accordingly.