Section 183
Non-appearance of accused
(1)
If in a summons case the accused does not appear at the time and place mentioned in the summons and it appears to the Court that the summons was duly served a reasonable time before the time appointed for appearing and no sufficient ground is shown for an adjournment, the Court may either proceed ex parte to hear and determine the complaint or may adjourn the hearing to a future day.
(2)
Without prejudice to the provisions of section 137, if in the case of any offence -
(a)
which is not punishable by imprisonment except in default of payment of a fine or which if punishable by imprisonment as well as by fine is not so punishable by a term of imprisonment exceeding 6 months; and
@)
which shall have been declared by the written law providing for it or by resolution of His Majesty the Sultan and
Yang Di-Pertuan in Council to be an offence to which the procedure provided by this subsection is applicable, the accused pleads guilty to such offence by letter addressed to the Court, the
Court may in its discretion in lieu of proceeding under subsection (1) deal with the case in the same manner and with the same powers as if the defendant had actually appeared before it and pleaded guilty and as if such plea had been recorded and had not been withdrawn subject nevertheless to
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such modifications as may be required by the physical absence of the defendant:
Provided that the Court may at any stage before sentence and shall, if it considers a sentence of imprisonment should be imposed, revoke its decision to proceed under this subsection:
Provided further that the discretion conferred on the Court to proceed under this subsection shall be exercisable only if the complainant is a public officer and so requests.
(3)
Whenever the procedure provided by subsection (2) is followed -
(a)
the complainant shall furnish the Court with a statement of facts, including matters other than previous convictions which he desires the Court to take into consideration in passing sentence;
(21)
the complainant shall cause particulars of any previous convictions upon which it is intended to rely to be served on the defendant together with the summons or not less than 5 clear days before the date fixed by the summons for the hearing;
(c)
matters stated in mitigation of sentence in the letter addressed by the defendant to the Court may in so far as they are not disputed by the prosecution be taken into account in passing sentence;
(d)
the summons shall contain an endorsement or accompanying instrument under the hand of the Magistrate presiding over such Court in such terms as the Chief Justice may in pursuance of section 400 approve;
(e)
if the Court receives a letter purporting to be signed by the complainant and has no reason to believe that it was not in fact so signed, such letter is deemed to have been in fact so signed until evidence to the contrary is adduced; and fl the Court shall cause the defendant to be informed of any order made by the Court and shall afford him a reasonable time to comply therewith.
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(4)
If after a Court has proceeded under subsection (2), that
Court or any Court exercising powers of revision or appeal in respect of such proceedings is satisfied that the defendant did not plead guilty by letter in such proceedings, the Court shall have power to declare such proceedings a nullity and to make any consequential or further order.