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Ramesh   01 April 2018

Number of hearings ipc 279, 338

Hi - A bike guy hit my car head on while overtaking from the wrong side and filed 279, 338 on me. I have reviewed the papers and can easily prove them wrong (At least I believe so). He has also filed for 15L compensation claim on account of 'permaanent disability'.

My lawyer says plead guilty in criminal case and save youself from 50 court appearances over 2 years BUT contest civil case for the extent of damage. My Questions -

  1. How many apperances do I have to make usually over 2 years period?
  2. How much gap is usually there between 2 hearings?
  3. Is contesting on the basis of procedural lapses during chargesheet phase a better option? What are the chances of success than going through full trial?
  4. Can my lawyer appear on my behalf instead of me appearing at every heariing? My lawyer says - you have to come and if you skip you will get non-bailable warrant.
  5. How much max money my insurance will pay to 3rd party if I plead guilty? Am I on the hook to pay balance from my pocket?

 



Learning

 4 Replies

Vinit Nair   03 April 2018

Reply to Cause 4. : Yes there is a provision in CRPC section 205 and 317 which can dispense the appearance of accused from attending the hearing.

Vinit Nair   03 April 2018

If you have strong defence to prove your case then proceed with the trail.

Ramesh   03 April 2018

Yes, the prosecution case is built on contradictions & lies. Fake witnesses etc.. Without a lawyer, I can demolish the case single handedly.

The problem is no lawyer wants to contest everyone wants to make a quick buck and close the case, than work on it.

Vinit Nair   04 April 2018

Section 32 of the Advocate’s Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one’s own case through Advocate Act in India


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