Personal presence of complainant

S.D. Singh (Querist) 25 September 2016 This query is : Resolved
I wish to file a court case u/s 138 nia through advocate. My problem is i can not personally attend every date of the court because my job is touring. Is appearance of my advocate is sufficient or i have to attend every date mandatorily.

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Devajyoti Barman (Expert) 25 September 2016
You can then execute POA in favour one of your relatives to present the complaint.
So conclusion is either you or your attorney is required to be preset which your lawyer alone can not dispense with.

Rajendra K Goyal (Expert) 25 September 2016
Your Lawyer must attend in your absence / also give POA to near relative.

Raj Kumar Makkad (Expert) 25 September 2016
Appointing of POA is the sole solution to your problem.

Ms.Usha Kapoor (Expert) 26 September 2016
Your Lawyer should be present in your absence and also give POA to a near relative to represent you in court.

Raj Kumar Makkad (Expert) 26 September 2016
lawyer cannot substitute the accused or his POA.

Rajendra K Goyal (Expert) 26 September 2016
The author is complainant and not the accused.

Raj Kumar Makkad (Expert) 26 September 2016
Mr. Goyal is right. The author is complainant then he can very well be represented through his lawyer also.

Guest (Expert) 26 September 2016
You are still to file a case. Anyway, make your lawyer to watch your interest in your absence.

Raj Kumar Makkad (Expert) 27 September 2016
I do agree with the advice of Ld. Dhingra ji.

Dr J C Vashista (Expert) 01 October 2016
I agree with expert Mr. PS Dhingra, your case is premature in the conceptual stage wherein you are "planning" "wish" "may" file the case.
At that point of time (whenever you wish) you will engage a local prudent lawyer for guidance and proceeding; till then it is an "academic" query, which is to be solved by your tutor but discouraged at this platform.

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