dombivliwest 06 February 2016

Ni-138 court allow accused not appear personally.

I have filled cheque bounce case , amount of cheque is Rs.21000/- in the first appearance court even not taken plea and also not asked accused for bail papers. Court also waive accused for personal appearance in matter to face trial.

Is it common practice in cheque bounce cases or advocate of accused is so smart that, in absence of my advocate he convinced court for non appearance of accused to face trial personally.

My advocate was absent in court . Court asked me to file evidence in next date.

What are next stages/steps in cheque bounce case and how much time the verdict in matter come.

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2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 06 February 2016

This is strange. Bail ought to have been availed by him. Without bail, the question of him being granted permanent exemption does not arise. I think there must be some confusion. Please clarify properly.

Also even if he has been granted personal exemption, it should not matte. Rather use it to your benefit. A lot of times when the trial is continuing the absence of the accused delays it for some or the other reason. In this case there shall be no such problem, as he is anyway not reuqwired to appear owing to being personally exexmpted.

G. Y. Sharma (Advocate) 14 February 2016

Dear Complainant,

There is no such previlege for the accused to seek exemption from personal appearance that too otherwise than by filing a petition to that effect and by getting appropriate orders thereon showing special circumstances and the need for so doing. Any how as has been rightly opined by my learned brother Mr. Chatterjee, take the situation i.e., the absence of accused for your benefit and mould the things in your favour. Any how request your counsel to take note of the docket proceedings of the case and get certified copies of the same, which may also be useful to you in future duirng appeals.

Regards,

G. YADAGIRI SHARMA,

M. Com., LL.M.,

G. AMRUTHA KUMARI,

M. Com., LL.M.,

ADVOCATES

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