96
Laws of Malaysia
Act 593
(2) The Magistrate if he dismisses the complaint shall record
his reasons for so doing.
(3) Notwithstanding subsections (1) and (2), the Public
Prosecutor may, if he thinks fit, inform the Magistrate that no
prosecution shall proceed in respect of the offence complained
of, and thereupon the Magistrate shall dismiss the complaint.
Chapter XVI
COMMENCEMENT OF PROCEEDINGS BEFORE
A MAGISTRATE’S COURT
Issue of process
136. (1) If in the opinion of a Magistrate taking cognizance of
an offence there is sufficient ground for proceeding and the case
appears to be one in which according to the fourth column of
the First Schedule a summons should issue in the first instance,
he shall issue a summons for the attendance of the accused.
(2) If the case appears to be one in which according to that
column a warrant should issue in the first instance, he may issue
a warrant or if he thinks fit, a summons for causing the accused
to be brought or to appear at a certain time before himself or
some other Magistrate having jurisdiction.
(3) Nothing in this section shall be deemed to affect section 47.
Personal attendance of accused may be dispensed with
137. (1) Whenever a Magistrate issues a summons, he may, at his
discretion, by endorsement thereon or footnote thereto, dispense,
subject to such conditions as he may deem fit to impose, with
the personal attendance of the accused and permit him to appear
by advocate.
(2) In any case relating to an offence punishable by fine only
or by imprisonment only of a term not exceeding three months or
by both fine and imprisonment not exceeding three 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
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