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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 December 2015

Court appearance in sec:138 case

I am an accused in an N.I. Section 138 case. It is a false case foisted on me. Anyway that is beside the poit here.  I am on bail now. But ever since my bail 8 months ago, no hearings have been held so far and I have not yet got an oppotunity to present my side of the case. So far 6 times the date of hearing has been fixed but not a single hearing has been held. The reason is that the magistrate's post is vacant and no new magistrate has been appointed so far. I go to court, Then I am told there is no magistrate and there will be no hearing. I return.

When a date was fixed for a hearing but the hearing was not held on the date and if I knew in advance that the hearing would not be held, is it mandatory on the accused to appear in the court. Generally if a hearing in held and the accused on bail does not appear an arrest warrant could be issued. Can such a warrant be issued against me if I do not go to court?



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 5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     30 December 2015

Accused need not attend every hearing,but his lawyer has to do so.

Rajeev Kumar (Advocate)     30 December 2015

Attending court is must but somehow not attending the court you have to give sufficient reason.

Rajeev Kumar (Advocate)     30 December 2015

Attending court is must but somehow not attending the court you have to give sufficient reason.

Rajeev Kumar (Advocate)     30 December 2015

Attending court is must but somehow not attending the court you have to give sufficient reason.

Shivendra Tariyal   31 December 2015

It's not mandatory to attend court in every hearing, your lawyer can give your exemption application in case you are not coming

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