Negotiable instrument act
MADDI SRINIVAS REDDY
(Querist) 29 December 2015
This query is : Resolved
Even first appearance in NIAct case the accused can file a U/Sec 317 of Cr.P.C. petition along with Memo of Appearance ?
Guest
(Expert) 29 December 2015
It all depends on the Satisfaction and Decision of Honorable Judges/Magistrates
Hemant Agarwal
(Expert) 29 December 2015
1. Accused CAN file any application, at any time, for constructive consideration of the Magistrate /Judge, thru his Pleader /Advocate or thru the relevant authority or thru Post, supported by relevant documents (Medical, prison certificate).
2. In case of different cases/charges, the Accused may be lodged in Prison of State-A and the trial of the Accused may be conducted in State-B, hence in such cases, the Trial court must dispense with the presence of the Accused, supported by relevant authorities report/memo.
3. The Court has also to consider and exempt appearance of Accused, based on various reasons, eg. threat to accused, medical conditions, and so on ....
Keep Smiling .... Hemant Agarwal
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SAINATH DEVALLA
(Expert) 30 December 2015
Can file u/s317crpc,but generally in criminal cases court dismisses them,if strongly objected by the complainant.hence no respite.
Advocate. Arunagiri
(Expert) 30 December 2015
If the defense counsel able to convince the court, he can present 317 in the first hearing itself.
