Code of Criminal Procedure, 1973

Section - 138 - Procedure where he appears to show cause

Procedure where he appears to show cause.

138. (1) If the person against whom an order under section 133 is made appears and show cause against the order, the Magistrate shall take evidence in the matter as in a summons case.

(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification.

(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case.

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