Summons NI138

PARTHA P BORBORA (advocate) 09 September 2009

AS THE COURT HAS ISSUED SUMMONS AND UR ADVOCATE APPEARED BEFORE THE COURT U MUST DEFEND UR SELF IN COURT. SO PL COLLECT THE CERTIFIED COPIES OF THE FIR FILED BY U AND INSTRUCT UR ADVOCATE TO CROSS EXAMIN IN THAT POINT EXEBIT THEM. IF POSSIBLE PRODUCE SOME DEFENCE WITNESS. ARGUE THE CASE NO THAT POINT. AS THERE IS A POLICE REPORT THAT THE CHEQUE WAS LOST U HAVE A GOOD DEFENCE.

SIDHES JENA (CEO- Jena & Company www.jenasworld.com) 09 September 2009

u are absolutely right, i am planning to do so, but today the court was asked that, if we ready to paying the amount then the court will allow u/s 205, my advocate said when we have a police copy stating that said cheque was forcefully taken from me and there is no liabilities which is payable to them, on which base we should pay the amount., then the court decided another date for order.

PARTHA P BORBORA (advocate) 11 September 2009

the power of a magistrate to allow a person to be represented by his lawyer is discretionary in nature. but the discretion must base on reasoning. Do not pay the amount until the Judgment is pronounced. wait for the order. If the magistrate rejects Ur application without assigning any reason or passes a mechanical order Pl instruct ur advocate to file a revision before the Sessions Judge.

Dharmesh Manjeshwar (Advocate/Lawyer) 11 September 2009

' the power of a magistrate to allow a person to be represented by his lawyer is discretionary in nature '

Partha, an accused has every right to be represented by an advocate of his choice in criminal proceedings ... Magistrate has no discretion in this issue ... it's the right of the Accused .... Magistrate has discretion only when application u/s - 205 Cr.P.C. is made for dispensing the personal appearance of the accused - whether to allow such application or not.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 11 September 2009

dear Jenna,

ALL THE BEST DON'T PANIC FOR 138 CASE, U CASE AS ACCUSSED U HAVE MORE GROUNDS TO WIN EITHER IN SESSIONS OR HC , REG 205, U CAN GO THROUGH THE CITATION 2001 SCC(CRIMINAL) 1254..