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ajay Duggal (call centre)     21 April 2013

Partnership dispute - accused partner never comes on dates

I would request you to please guide....Hi... i am not sure if i should post this question here, but due to uncertainty i wanted to share that a partnership dispute is going on between State ( I am the complainant) vs Sachin mahajan (charges of 420,406, etc) The accused on whom the charges are 420,406 etc implied never shows up during dates, and if he does he leaves the proceedings in between by stating that he has joined some course and needs to attend that. Sometimes he never attends the proceedings stating the same reason. I am just curious that how come a victim who invested an amount in his business whereas the accused who sold of the high end computers and accessories illegally and that too without even investing a single penny is free to study at an age of 33.  He does not even mention the name of the course nor the institute from where he is pursuing his studies. I do understand that I cannot stop him from studying (if he is really doing it) but I just want him to be present at all proceedings and dates given by the honourable court. Henceforth is there any act or law which could help me in knowing that the accused should be present at the proceedings as the victim and co-witness are present in each and every date.(of course exceptions would be there). It feels lot of pain and anguish when I see myself and my co-witness waiting for our turn and knowing that the accused is not present or would leave post lunch by stating that he has joined a course. After going through monetary loss which goes into lakhs, I have to go through the physical tension, pain and anger. Is this the way the court works. I am not worried about the monetary loss as I know that god has given me the knowledge and skill by which I can bring in money but what about the tension and pain. How that would be compensated? Is is due to the reason that his family has good links with the judge? Or is it something that my lawyer is lacking.? Pls help and guide



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 1 Replies

Rajendra K Goyal (Advocate)     21 April 2013

Your lawyer must ask for the presance of the accused in each and every hearing and for any unauthorised absence issue of warrant must be asked for. In criminal cases the main onus is on the Public Procecutor and he should also have  taken care of all these. In case of unauthorised absence his bail may be cancelled. Please ask your Lawyer to request the court accordingly.


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