Permanent Exemtion In 138 Ni Case.
Sameer
(Querist) 08 September 2009
This query is : Resolved
Dear Members,
I want to know that whether permanent exemtion is granted in Ni 138 Cases. if yes then i want some case laws.
Thanking You!
Sameer.riven
PALNITKAR V.V.
(Expert) 08 September 2009
2005(2) Bom.C.R.(Cri.) 17 Supreme court in the case of S V Muzumdar Vs. Gujrat State Fertilizer Co. You can get this on SC site also.
riven
charudureja
(Expert) 08 September 2009
well adviced by Mr. Palnitkar.
it can be granted and generally courts accept such applications in order to avoid unncessary harrasment etc.
however u r supposed to be present in the court as and when directed by the court e.g. during recording of evidence etc.riven
Bhumik Dave
(Expert) 08 September 2009
Agreed with above learnedriven
Sarvesh Kumar Sharma Advocate
(Expert) 09 September 2009
SH there is no specific provision in n.i.act, for permanent exemption .
but there in cr.p.c. permanent exemption covers.
go through 317 cr.p.c.riven
Shivasurya
(Expert) 09 September 2009
Sameer Ji, file petition u/s.205 Cr.P.C. for dispense with the appearance of the accused in summary cases. The offence u/s. 138 NI Act is a summery case. After allowing the 205 petition, the appearance of the accused will be dispensed with by his/her counsel in all hearings except the questionings stage under sections 215 and 313 Cr.P.Criven
charudureja
(Expert) 09 September 2009
S.317 Cr.P.C does not come into play in this case.riven
