Attand From Mumbai to Kolkata on every trail

SANJAY KUMAR KESHARI (Querist) 11 August 2009 This query is : Resolved
Supose a customer of PNB Bank has filed a crimnal case against the chief of this bank in kolkata under section 420 of IPC.
As you know that head of PNB is in Mumbai.

Then each and every trail they will have to arrive in kolkata form Mumbai untill the case disposed.If any other thing then please guide us.

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Kiran Kumar (Expert) 11 August 2009
the accused can be given exemption from personal appearance on being applied for it.

however is a discretion of court has to be applied keeping in view the facts and circumstances of the case.

however the accused can not skip the dates when he has been directed to appear by the court like for evidence.

i think in the above case Exemption should be granted.

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Nishith P Thakkar (Expert) 12 August 2009
dear friend

make an application under section 205 of cr,p.c. before trial court

u can avail permanent exception from attending the trial court, under this section , show to the court that ur valuable time is the asset of country as u r bank manager and the complaint is filed for scoring personal vengeance, or harassment.

also find the aspect of territorial jurisdiction and u can request by an application for transfer of this case from one court to another court, after considering the cause of action.

if you find the matter is filed for trifle civil or consumer related cause or subject matter u should file quashing petition before high court of concern jurisdiction, under section 482 of the cr.p.c. that court can quash the entire matter,and the matter can be put an end to finally. u should not require to attend court any more.

Nishith p. thakkar 09978112791

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