Ipc 138
sant
(Querist) 07 April 2015
This query is : Resolved
if any of accused partner could not attend one of the 5/6 date/hearing given by local court.rest partner r attending wat will be the consequencs
sant
(Querist) 07 April 2015
pls as soon as possible
adv. rajeev ( rajoo )
(Expert) 07 April 2015
Non bailable warrant will be issued if no exemption application is not filed
sant
(Querist) 07 April 2015
sorry my question wasnt correct. i am one of the accused parnter,i have attended almost every date/hearing given by honourable court ,in which my matter tranfer from andheri to belapur court becoz our andheri court advocate appeal for belapur court n even cheque dishonoured in vashi brach.n even complanant absence in court,then one date/hearing has done in belapur in which i was present thn they issue me another date which is on 18 of april n i could not able to attend due to offce work but other 2 accused partner r attending .so wat will happen n what shout i do
SAINATH DEVALLA
(Expert) 07 April 2015
U are mentioning case u/s 138,how was the case transferred,because of the complainant's absence,U are not clear
sant
(Querist) 07 April 2015
sorry my question wasnt correct. i am one of the accused parnter,i have attended almost every date/hearing given by honourable court ,in which my matter tranfer from andheri to belapur court becoz our andheri court advocate appeal for belapur court n even cheque dishonoured in vashi brach.n even complanant absence in court,then one date/hearing has done in belapur in which i was present thn they issue me another date which is on 18 of april n i could not able to attend due to offce work but other 2 accused partner r attending .so wat will happen n what shout i do
SAINATH DEVALLA
(Expert) 07 April 2015
So belapur falls under the jurisdiction of UR bank.Ask UR lawyer to submit absent petition,nothing wrong absenting for one proceeding.This is not a big issue, why do U panic?
Devajyoti Barman
(Expert) 07 April 2015
If you are represented by your lawyer and court accepts this absence nothing to worry. In the alternative you can file petition u/s 205 to get exemption to appear on each and every date.
Rajendra K Goyal
(Expert) 07 April 2015
Whether the case was against the firm or against the firm and partners also?