Non appearance in court for next 6 months
Querist :
Anonymous
(Querist) 25 December 2022
This query is : Resolved
I am under trial for an accident case and yesterday in court i denied the allegations and requested for a trial. Court given the date after 3 months for trial to begin.I work in a bank and got transferred to other state which is very far from court jurisdiction. I am planning to hire a new lawyer to fight the case for me during the trial.
1. I cannot come to the court for every date till end of next year. Does court allow my exemption ?
2. Without me, can my lawyer appear on my behalf and conduct the cross examination of the witness?
3. what is the process to exempt myself from personal appearance till end of next year. I can attend the court post november 2023.
4. As i was given bail from court on the same day of arrest. I haven't informed my higher officials regarding this pending accident case. Should i keep quiet or inform them ? if i inform them will i lose my job?
The injured/complainant is got his hand fractured and he is healthy now but seeking more than 10 lakhs to settle outside which i can't afford.
kavksatyanarayana
(Expert) 25 December 2022
You can engage an experienced lawyer to represent your case and give vakalat to him to attend the court. Your lawyer will inform you when your presence is required and on other dates, he will attend on your behalf. 4. You shall inform your case of your officials is a must otherwise charges will be framed against you if your officials notice this. An amicable settlement is the best option for you.
Dr J C Vashista
(Expert) 26 December 2022
Question-wise answer are as under:
Q 1. I cannot come to the court for every date till end of next year. Does court allow my exemption ?
Ans: Your lawyer should seek permanent exemption from your personal appearance before the Trial Court under the provisions of Section 205 or 317 Cr PC.
Q 2. Without me, can my lawyer appear on my behalf and conduct the cross examination of the witness?
Ans: Magistrate may, if he sees reasons so to do, dispense with the personal attendance of the accused and permit him to appear through his pleader. This discretion may be exercised by the Magistrate even in the absence of any prayer by the accused for exemption from personal attendance.
Q 3. what is the process to exempt myself from personal appearance till end of next year. I can attend the court post November 2023.
Ans: Already replied in answer to Q 1.
Q 4. As i was given bail from court on the same day of arrest. I haven't informed my higher officials regarding this pending accident case. Should i keep quiet or inform them ? if i inform them will i lose my job?
Ans: You must inform your employer. In other words it is mandatory.
Sudhir Kumar, Advocate
(Expert) 26 December 2022
Agreeng with above views I will add as under
You said
"As i was given bail from court on the same day of arrest. I haven't informed my higher officials regarding this pending accident case. Should i keep quiet or inform them ? "
If you are employed by Govt bank then you are liable for disciplinary action due to failure to inform arrest and bail irrespective of the outcome of the court.
if i inform them will i lose my job?
No. But your promotion will suffer. On the contrary if you do not inform then you may be in further trouble.
The injured/complainant is got his hand fractured and he is healthy now but seeking more than 10 lakhs to settle outside which i can't afford.
Not known why your insurer cannot come forward for insurance. You are silent on the view of the insurer.
what the vehicle not insured or insurers are walking out of liability due to any conditions in the policy.
As far as amount of compensation is concerned. The court decided the same on the basis of reduction of earning capacity which depends upon nature of profession/ nature of injury /remaining earning age + trama and disconfort faced.
You have yourself informed that :-
1. There was a fracture.
2. fracture was on hand.
One can imagine the amount of trauma and disconfort he would have faced as long as his hand was not working. Apparently he was deprived of smooth life even for eating/excreting and even bathing. You are also silent as to how long he was bedridden and how long he remained on physiotherapy.
Not know what profession/age he is and to what extent his arm is able to take full weight. There can be hardly any profession which does not require strong hands.
It is not merely the compensation but also price of your getting out of criminal case which (in case you are in PSU Bank) if result in conviction can be cause of you being thrown out of job without chargesheet and inquiry.
If exemption is not granted then you have to be present on each hearing. In any case the case is not to be left at the lawyer alone as it involves your livelihood as well.
The compensation as decided by the court ( may not be drastically less than 10 lakh)shall have to be paid by you (if your insurance company is successful in avoiding liability) even if you are convicted.
T. Kalaiselvan, Advocate
(Expert) 27 December 2022
Yes is the answer for first two questions, for the third one, you may have to appear before court if the court is directing to appear before it during the intermittent period.
For the fourth question, the bank will not terminate your service until and unless you are convicted and sent to jail.
If the defacto complainant is demanding exorbitant amount, just do not be bothered about it, he came to know that he cannot claim any money through insurance company hence he is trying to capitalize the situation, you can challenge the case properly through trial proceedings and get the case dismissed with the help of the skill and experience of your advocate.
Do not do any such thing which may harm you or bring disasters to you in the name of compromise with the defacto complainant.
Sudhir Kumar, Advocate
(Expert) 16 January 2023
Be present on each hearing. Do not leave the case to the mercy of (unsupervised) lawyer.
Dr J C Vashista
(Expert) 16 January 2023
If you have lost faith in your lawyer it would be advisable to consult and engage another local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceeding to protect your interest
P. Venu
(Expert) 19 January 2023
What are the offences charged?
