138 of n. i. act
minsal
(Querist) 26 October 2012
This query is : Resolved
Sir/s,
i am appearing in a matter of 138 of N. I. Act for complainant.
In the said matter the Accused remained absent continuously as previously exempted by an order of High court.
we have filed an evidence of complainant, but neither accused nor his Advocate appeared thereafter for cross examination.
Court has issued bailable and then Non-Bailable warrant against accused. we have send NBW through post to the concern police station but no report received by the court.(Accused having highly influences in said area).
Court again issued a fresh NBW and we again sending to the concern police station.
under the circumstances, is there any other remedy available for my client? how can we clutch the accused or proceed with the matter?
ajay sethi
(Expert) 26 October 2012
ask your cleint to follow with the police station . based on the report received court will proceed further .
if the person concerned does not appear even after issuance of
non-bailable warrants against him, the court may draw a inference that he
has absconded and is concealing himself deliberately so that the warrant
can not be executed. In such a situation, the court may proceed under
Section 82 CrPC and declare him as Proclaimed Offender (PO) by
publishing a notice under section 82 in the newspaper and affixing a copy
thereof in the area of the person concerned. The court may simultaneously
order for attachment of the property ( moveable or immoveable) of the
person concerned.
Rajeev Kumar
(Expert) 27 October 2012
Agrree with ajay views
V R SHROFF
(Expert) 27 October 2012
Agreed with Shri Sethi,
I add:
As u says : "absent continuously as previously exempted by an order of High court."
If it was u/s 205 of cr.p.c, it is mandatory for his Advocate to remain present. If Adv also remains absent, apply HC to reject exemption for accused, and expedite the matter.
H.M.Patnaik
(Expert) 27 October 2012
Under the given circumstances immediate relief lies in approaching the concerned High Court with prayer to reject exemption for the accused and expedite the matter.
minsal
(Querist) 05 November 2012
sir,
High court has passed conditional order that accused represent by an advocate and his advocate should remain present regularly. but accused has not followed the said condition. every time some new advocate was appeared in matter and filed an exemption application on behalf of accused. The Magistrate also considered the application and grant exemption to the accused from personal appearance. But after filing of affidavit of evidence by complainant no one is present on behalf of accused.
Court also issued NBW against Accused but some how he managed and we unable to get report of NBW.
what steps we have to take in support of Complainant? under this circumstances can we applied for adjourn the matter sine die?
ajay sethi
(Expert) 05 November 2012
affidavit of evidence has already been filed . it is for accused to cross examine the complainant . if NBW has not been served we have already advised you as to the steps to be taken . by making an application for adjourning case sine die you would be playing in the hands of the accused
V R SHROFF
(Expert) 07 November 2012
you APPLY for "NO CROSS" & LATER CLOSE UR EVIDENCE. DIRECTLY GO FOR ARGUMENT & ORDER.
minsal
(Querist) 20 November 2012
Thank you dear Experts.
