Not attendance of court for 4th adjounament in 498a
Arka Foundation
(Querist) 03 April 2012
This query is : Resolved
Forum Members,
A1 did not appoint any lawyer till date in 498a case in lower court
want to appoint a lawyer if needed that too at time of trials.
A1 stays in differnt state
498a(lower court) is in other state
Query is, what happens if a party(A1) to the case do not attend to court for 4th adjournament in 498a some personal problems
1)court issues NBW or Baialable Warrant
if so, again a1 has to go for bail like inital stages in 498a
2)what order court passes
Shonee Kapoor
(Expert) 03 April 2012
If A1 puts an application for exemption from personal presence and the same is accepted, no warrants would be issued.
Otherwise the courts in Haryana/ Punjab and many other places issue NBW.
Whereas in some states they issue Bailable warrants.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 03 April 2012
Dear Querist
if the party A1 is not appear before the court and seek adjournments then court can not issue any Bailable warrant or NBW against the Party A1, but if the party is not appear before the court without any adjournment or exemption application the court may issue bw or NBW against A1 if the A1 is accused, if A1 is complainant the court may dismiss the complaint but not FIR.
feel free to call
Raj Kumar Makkad
(Expert) 03 April 2012
A1 can be granted an exemption to appear in person by trial court. You should persuade the court to ensure the presence of the A1 as it is necessary to run the case smoothly as he is miused the concession of bail.
Deepak Nair
(Expert) 03 April 2012
A-1 has not appointed a lawyer to represent him. Thus, his presence is mandatory on the date.
Your understanding is right. If A1 fails to attend warrant will be issued (either bailable or non-bailable).
That means the bail will be cancelled and a1 will be arrested. And he would have to obtain bail again.
There is an option of cancellation of warrant. If warrant is issued and not yet executed, then A-1 can approach the court before execution and apply for cancellation of warrant and fresh bail.
ajay sethi
(Expert) 03 April 2012
agree with experts
