SAMI FAROOQ (Owner) 07 February 2018

Permanent exemption

I have a case u/s 138 tomorrow at Bangalore (8-2-2018) and I am unable to attend due to my illness. I have taken bail and pleaded not guilty, now the affidavit is submitted by complainant and we have raised objection. My lawyer says we shall file permanent exemption petition but not sure if it will be accepted. If rejected, NBW could be issued. What remedy in higher courts do I have if NBW issued? I am absolutely unable to travel from Mumbai to Bangalore due to my illness.

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Adv. Aditya (Litigator GROSON ADVISORS) 07 February 2018

I wonder why have you not enquired such information from your lawyer? as for NBWs, the same can be recalled by the court ordering them.

if you have a just and a genuine reason then the court shall not make a prejudical order against you. if court, in its discretion, chooses not to allow permanent exemption, on that day itself, i suppose the NBW shall not be issued against you. however, court may reprimand seeking your presence on the next date, on which date, you will HAVE to be there.

SAMI FAROOQ (Owner) 07 February 2018

Thanks for your advice and attention. My lawyer is quite vague in answering and I have no option but to trust him. Once before, he had sent his junior lawyer for filing exemption but he goofed up and NBW was issued. I stay in Mumbai, the case is in Bangalore and my medical certificate clearly states IT COULD BE FATAL IF I TRAVELED LONG DISTANCE. What I wish to know is that in case NBW is issued, I cannot travel due to cancel the same my medical condition. Is there any other legal remedy I can adopt?