Section 137

Whenever a Magistrate issues a summons, he may, at his discretion, by endorsement thereon or footnote thereto, dispense with the personal attendance of the accused and permit him to appear by advocate.

In any case relating to an offence punishable by fine or by imprisonment not exceeding 3 months and in which a Magistrate has issued a summons, an accused person desiring to plead guilty and be convicted and sentenced in his absence may appear by advocate, or may by letter addressed to the court plead guilty and submit to pay any fine which may be imposed in respect of that offence, and the court may thereupon record a plea of guilty and convict him according to law, and may sentence him to a fine with or without a sentence of imprisonment in default of payment of the fine.

In case of a plea of guilty by letter the accused shall give in the letter an adequate postal address and the court shall inform the accused by letter sent by registered post to that address of the sentence imposed. Any fine so imposed shall be paid by the accused within 7 days from the date on which the court’s letter was posted.

The court inquiring into or trying the case may in its discretion at any stage of the proceedings direct the personal attendance of the accused, and if necessary enforce the attendance in the manner hereinbefore provided.

A sentence of imprisonment without the option of a fine shall not be pronounced in the absence of the accused, but the court, if it intends to pass such a sentence, shall direct and enforce the personal attendance of the accused and upon the attendance may, subject to subsection (6), pass sentence according to law.

Upon the accused appearing as aforesaid the court shall, if the accused desires to withdraw his plea of guilty and claim trial, and notwithstanding any order of conviction made in his absence, permit the accused to withdraw his plea and shall thereupon hear and determine the case and, if the accused is convicted, pass sentence according to law.

Nothing in this section shall affect the powers of the court conferred by section 180 (p).[136