Crpc-302 jointly appearing in court with advocate
Ram
(Querist) 12 November 2020
This query is : Resolved
Brief of Case:
One person has to give money to me. He gave a CheQue. But the CheQue bounced from bank due to "insufficient funds". Now I want to file a Criminal Complaint u/s 138 of Negotiable Instrument Act, 1881
My Question:
1) Can I file a Petition in Court u/s 302 Requesting/Praying Myself and a Junior Advocate to permit both me and the junior Advocate to appear in CheQue Bounce case?
2) Is there any special format or Template available? if so, kindly mention the website name.
Thanks in Advance
Ram
Isaac Gabriel
(Expert) 12 November 2020
You can file a case under section 138 for dishonour of cheque.Both of you can enter appearnace with Memo of appearance.
J K Agrawal
(Expert) 12 November 2020
Section 302 (2) is very clear on this point.
Advocate Bhartesh goyal
(Expert) 12 November 2020
Yes,you and your advocate can appear together and put up your case.
P. Venu
(Expert) 13 November 2020
To my knowledge, Section 302 has no application in the case. Cheque case is a private complaint. Complainant can appear in person pr engage an advocate.
Ram
(Querist) 13 November 2020
Thank you EXPERTS..
CrPc.302(2) says "Any person conducting the prosecution may do so personally or by a pleader."
It is not saying "personally" and "by a pleader" If there is "and" then I think I can also appear in Court along with a Junior Advocate.
Please correct me if I am wrong.
Rajendra K Goyal
(Expert) 13 November 2020
Both can proceed jointly / severally.
Dr J C Vashista
(Expert) 15 November 2020
There is legal hitch / problem and both of you may proceed.
Best of luck.
