Section 138 - cheque dishonour

Querist : Anonymous (Querist) 10 June 2010 This query is : Resolved
1. The accused has appeared before the court twice but thereafter has failed to appear.

2. Can the case continue with the lawyer only appearing on behalf of the accused.

3. Is it necessary for the accused to appear everytime

4. What will the magistrate order in case the accused fails to appear

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Daksh (Expert) 10 June 2010
Dear Anonymous,
As a matter of fact either the accused appears in person or get permission to get represented through counsel failing which the court issues process notice through summon, bailable warrant, non bailable warrants and lastly Section 82 - 83 procedure.
Best Regards
Daksh

Sankaranarayanan (Expert) 10 June 2010
non appearence before court against summon is breach of law. and if u have vital and acceptable reason then submit the proof of recards or certifate .or through ur counsel u file the reason . As for as law concern, if any one summoned then they have to appear before honourable court directly or through counsel

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