Appointing new advocate

Dilshad M. Merchant (Querist) 05 September 2015 This query is : Resolved
Respected Lawyers, my name is Dilshad Merchant from Mumbai, I have a case pending in thane JMFC court u/s. 420, 34. I am accused no. 2 in the matter. The case started in 2012, until today 26 hearings have happened. Now my advocate has sent me letter stating that he will not be able to proceed with my matter due to difficulty in dates. He has asked me to appoint another advocate. Today I gave an application in the court for appointing another advocate, thereby asking further time from the court. The judge granted only one months time, and my next date is 3/10/2015. The judge told me clearly that on 3/10/2015 I will have to bring my new advocate, and he will not grant any further adjournment. I want to know the following: 1) if I don't get another advocate till 3/10/2015 will the judge grant me more time or give me another date ? Is there any law relating to my question ? 2) if I don't get another advocate till 3/10/2015, what is best that I can do in my interest ? Please suggest me concrete suggestions which will save me from any trouble in this issue. For your info, my plea has been already recorded and I have plead "not guilty". Complainant!s statements have been recorded. Please guide me ! In this case, can the magistrate pass any order against me ? If yes, what ?

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malipeddi jaggarao (Expert) 06 September 2015
1. May not grant more time.
2. Why do you not get another advocate? You take NOC from the present advocate and give new vakalat to another advocate. Advocates are plenty. Why do you not get another?
3. If you try to be smart by adapting delay tactics, you will have to face the wrath of the Court.

Rajendra K Goyal (Expert) 06 September 2015
Engage another lawyer and show him full case file to protect your interest.

P. Venu (Expert) 06 September 2015
You may engage another advocate after getting NOC from the present advocate.

Raj Kumar Makkad (Expert) 06 September 2015
As the trial is in full swing, it is in your bet interest to engage new lawyer as soon as possible so that he may read your cas carefully and may fix his line of action.

Anupam Lahiri (Expert) 07 September 2015
Dear Merchant,
It is not at all difficult to engage a new advocate. You have ample time upto 3rd October. In Bombay there is a huge crowd of advocates.

For your own interest, take NOC from the existing advocate and give vakalatnama to a new one.

As far as the granting of time is concerned, it is entirely on the discretion of the Magistrate.

Guest (Expert) 07 September 2015
Mr.Anupam Lahiri "In Bombay there is a huge crowd of advocates" Is it a Valid Statement/Comment about Advocates Please.

Dilshad M. Merchant (Querist) 08 September 2015
Due to insufficient funds if I'm unable to appoint new adv. till 3/10/2015 what are possibilities that the magistrate will do ?

Anupam Lahiri (Expert) 08 September 2015
Dear Rajkumar Ji,

In Bombay there is a large number of Advocates. I have visited at least five times in Bombay High Court. Huge number of lawyers practise in Bombay High Court as well as in the subordinate courts based at Bombay. This number is many times higher than that at Kolkata.

As far as comments about Advocates I have nothing to say. There is always good persons in any group.