CRIMINAL PROCEDURE AND EVIDENCE ACT (i) to subsection (3) of section three hundred and eighty-five, be presumed to have been authorized by such corporate body to plead guilty on its behalf, unless the contrary is proved. (11) The magistrate who convicted a person under paragraph (a) of subsection (3) may, notwithstanding anything contained in any enactment, set aside any such conviction and order the refund to the person concerned of the fine paid by him in respect thereof, in any case in which the magistrate is satisfied that such person should not have been convicted. 357 Adjudication of minor cases in absence of accused (1) When a summons has been issued in respect of any case in which the court has summary jurisdiction and in which the penalty prescribed by law is a fine, and only in default of payment of such fine, imprisonment, the person summoned need not appear personally and may appear through a legal practitioner duly authorized thereto: Provided that, where there is no legal practitioner available practising before such court, then any other person may appear on behalf of the accused. (2) Should the person summoned fail to appear, either personally or through a legal practitioner, the court may, if satisfied that such summons was duly served, and if further satisfied that the ends of justice will be met, proceed to hear such case and adjudicate thereon as fully and effectually as if such person had appeared. (3) When a person has been convicted of an offence in his absence in terms of subsection (2), the court may direct the collection of any fine imposed, together with the costs of such collection, and further direct that, on failure to pay such fine and costs, the offender be arrested and committed to prison to undergo any sentence of imprisonment that may have been imposed as an alternative to such fine, and such direction shall be by warrant in the prescribed form. 358 Powers of courts as to postponement or suspension of sentences (1) In this section— “postponement” means the postponement of the passing of sentence under paragraph (a) of subsection (2) and includes any further postponement granted in terms of paragraph (a) of subsection (7); “suspension” means the suspension of the operation of the whole or part of a sentence under paragraph (b) of subsection (2) or of a warrant under paragraph (c) of that subsection, and includes any further such suspension granted in terms of paragraph (a) of subsection (7). (2) When a person is convicted by any court of any offence other than an offence specified in the Eighth Schedule, it may— (a) postpone for a period not exceeding five years the passing of sentence and release the offender on such conditions as the court may specify in the order; or (b) pass sentence, but order the operation of the whole or any part of the sentence to be suspended for a period not exceeding five years on such conditions as the court may specify in the order; or (c) pass sentence of a fine or, in default of payment, imprisonment, but suspend the issue of a warrant for committing the offender to prison in default of payment until the expiry of such period, not exceeding twelve months, as the court may fix for payment, in instalments or otherwise, of the amount of the fine, or until default has been made by the offender in payment of the fine or any such instalment, the amounts of any instalments and the dates of payment thereof being fixed by order of the court, and the court may in respect of the suspension of the issue of the warrant impose such conditions as it may think necessary or advisable in the interests of justice; or (d) discharge the offender with a caution or reprimand. (3) Conditions specified in terms of paragraph (a) or (b) of subsection (1) may relate to any one or more of the following matters— (a) good conduct; (b) compensation for damage or pecuniary loss caused by the offence: 137