Challan sent to CJM Under MV.ACT
Kumar Krishan Agarwal Advocate
(Querist) 24 December 2010
This query is : Resolved
My Learned Friends,
That I (my client) has used heavy vehicles for transport work to and fro and the truck RC was seized by the RTO traffic department and sent to the CJM court to take cognizance under the followings sections
Offences:- Sec 66/192A, 130/179(1), 112/183, 119(2) MVACT & C.M.V.R/177(Central Motor Vehicle Rules)
Reasons are:-
1. No 2 driver which is against the condition of National Permit;
2. Did not stop on signal, driving rashly;
3. Using Pressure Horn.
Now my Queries are:-
1. What is the procedure to handle such case if presented before court of CJM ?
The Clerk of CJM told me that you have to pay the penalty sum up for all the above sections and he give me a receipt of payment and release the RC of me without going to face CJM personally.
2. If I would not pay the penalty and may stand on the first date of hearing before CJM as an advocate (without my client presence) then Will I have to first apply for the "BAIL" of my absent client so that the case will be further carry out on each dates ? Is client presence is must before CJM ?
3. Is there any procedure to get exemption from all the penalties imposed on my client ?
4. What is the penalty of under Rule 90(4) CMVR for not having 2 drivers under National permit? I searched everywhere but did not find the penalty for this Rule.
yogesh
(Expert) 25 December 2010
Sir, Being as advocate, Its your ethical duty to defend the client by pleading before the Court and not before the clerk
Adv. Satyendra kumar chauhan
(Expert) 25 December 2010
I am very much agreed with Mr. Yogesh
This is very objectionable and surprising that how clerk have released R.C. of motor vehicle without order of magistrate . And most important part is that how and why advocate dont rely upon their advocates friend and knowledge and appear before clerk and ask them about procedure for concerning case and that leads to clerk and every common man to think that law is a very cheap and easy thing to handle.
s.subramanian
(Expert) 25 December 2010
It is always better to adopt the legal course for remedy. If you try to adopt shortcut methods it might land your client in a lot of problems.
Kirti Kar Tripathi
(Expert) 25 December 2010
agree with experts. but in such a cases this tactics is being adopted in every where. the official of court on one hand are cheating the general public and on there other hand damaging the image of Courts.
R.Ramachandran
(Expert) 25 December 2010
I think Mr.K.K.Agarwal has been understood wrongly.
All that he is saying is that his client has been charged under several sections of MVAct.
His enquiries reveal, that if the penalties are paid without any contest, receipt will be given and the RC book will be released. For this one need not appear before the CJM.
In case the matter is being contested, one has to appear before CJM.
Now whoever has the answer to his following query has to contribute their views:
2. If I would not pay the penalty and may stand on the first date of hearing before CJM as an advocate (without my client presence) then Will I have to first apply for the "BAIL" of my absent client so that the case will be further carry out on each dates ? Is client presence is must before CJM ?
3. Is there any procedure to get exemption from all the penalties imposed on my client ?
4. What is the penalty of under Rule 90(4) CMVR for not having 2 drivers under National permit? I searched everywhere but did not find the penalty for this Rule.
Mr. Agarwal is interested in knowing the precise suggestions / answers from the experts to the above three points.
