PART VII
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS

248. Absence of accused

If, upon the day fixed for trial or the day to which the hearing or further hearing is adjourned, the accused shall not appear and, in the case of proceedings originating by summons, it appears to the court by evidence on oath that the summons was duly served a reasonable time before the time appointed for appearing, the court may, instead of directing the issue of a warrant of arrest under section 95, proceed with the hearing or further hearing as if the accused were present :
Provided that no sentence of imprisonment, other than a sentence in default of payment of a fine, shall be imposed on any person under this subsection.

(2) If the court convicts the accused in his absence, it may set aside such conviction upon being satisfied that such absence was due to causes over which he had no control and that he had a probable defence on the merits.

(3) If the accused who has not appeared as is mentioned in subsection (1) is charged with felony, or if the court, in its discretion, refrains from convicting or acquitting the accused in his absence, the court shall issue a warrant for the apprehension of the accused and cause him to be brought before the court.