Permanent exemption from appearance in 138 complaint
RAJAGOPALAN NAIR
(Querist) 10 August 2013
This query is : Resolved
1. If the Accused and Complainant are located in Mumbai, where the complaint has been filed under S. 138, can the Accused avail permanent exemption from appearance in Court and if so under what provision.
2. If the Accused is from outside Maharashtra and the complaint is filed in Mumbai, can the Accused avail permanent exemption from appearance in Court and if so under what provision.
prabhakar singh
(Expert) 10 August 2013
ACADEMIC QUERY IT IS IN my view hence REPLY
is DENIED.
WHY NOT PERMANENT ACQUITTAL?
Is that BAD idea sir G!
prabhakar singh
(Expert) 10 August 2013
Now i have a QUERY?
What is difference between 'G' and 'ji'?
If you can answer it to my satisfaction,i promise i shall answer you to your satisfaction!
OKAY!
123.............
Nadeem Qureshi
(Expert) 11 August 2013
u/s 205 of Cr.PC is related to exemption
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 August 2013
In such problems there is thin line of academic and real situation.
1) Grant of exemption depends on the court and how advocate of accused handles it irrespective of where the accused is located.
2) There are specific directions by APEX COURT and many citations of Bombay High court directing exemption as a routine.
3) However regular practicing advocate for such matters have no of simple tricks to keep accused absent even if no exemption allowed or such applications are kept pending.
ajay sethi
(Expert) 11 August 2013
academic query no reply
V R SHROFF
(Expert) 11 August 2013
Adv Raj, nderc 138 NI cases,
Apply under sec 205 cr.p.c for Exemption from Personal appearance, with your undertaking that accused's Advocate will be present.
Also dig citations/ authorities that FIT IN SLOT of your case and Fact.
Exemption is Rule, and deny it is Exception!!!!
Raj Kumar Makkad
(Expert) 13 August 2013
You cannot get permanent exemption under section 205 but can get exemption for a particular date or some dates.
Raj Kumar Makkad
(Expert) 13 August 2013
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