In Brief
The appellant-accused in a cheque dishonour case under the Negotiable Instruments Act, Section 138 appeared before the High Court without legal representation. The Supreme Court found that the High Court failed to ensure procedural fairness by not appointing an advocate, engaging legal aid services, or using amicus curiae. The Court remitted the matter to the High Court with directions to issue fresh notice, allow the appellant to appear before a new bench, provide both parties adequate opportunity to be heard, and decide the case afresh in accordance with law without any expression of opinion on merits.
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