about parmnant exmption in 138
vinod bajoria
(Querist) 13 September 2009
This query is : Resolved
Dear All,
i want to know that in 138 of cheque dishonour , whether the acused get permant
exmption of personal apperence in the court.
thanks.
vinod bajoria.riven
Bhumik Dave
(Expert) 14 September 2009
Generally court does not grant it in ni act its depend on circumstances of case.riven
Shivasurya
(Expert) 14 September 2009
Mr. Vinod, you can file petition for dispense with the appearance of the accused u/s.205, Cr.P.C., showing his inability to appear before the court each and every hearing. In summary cases like Proceedings u/s.138, NI Act, the presence of the accused is important in three occassions only, 1) First appearance for geting copy of the complaint. 2)First questioning u/s.215, Cr.P.C and last questioning u/s.313, Cr.P.C. except in those three hearings, the appearance of the accused is not necessary, hence except in the above three occassions, the court can order permanent dispense with the appearance of the accusedriven
A. A. JOSE
(Expert) 19 September 2009
I agree with the view expressed by Shivasirua.riven
Guest
(Expert) 23 September 2009
I concur with Mr.Shivasurya's stand. However, the reason/ground for inability to appear before the Court should be convicing.riven
Sarvesh Kumar Sharma Advocate
(Expert) 13 September 2009
