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Case under NI Act - S. 138----Accused exempted

(Querist) 03 April 2009 This query is : Resolved 
Can accused be exempted from remained preset during proceedings as the accused is placed 700 km. from the city complaint filed. It is very difficult to get mode of transport and he is working in a nationalised bank.

What are the remedies for the accused. Plase suggest caselaws if any
Kiran Kumar (Expert) 03 April 2009
pls refer to Section 205 of Cr.P.C and move an appropriate application before the Magistrate.

magistrate may exempt the personal appearance of the accused.

however all depends upon the facts and circumstances of the case.
K.C.Suresh (Expert) 04 April 2009
Dear friends
Is it necessary to release a respondent on bail in 138 case. Is it necessary for the court to compell his presence in all the proceedings. I think it is not necessary. He needs to be present only at the time of the judgement. For examination of w's, recording of 313 Cr.P.C and hearing the accused can remain absent with the permission of the Court.
MANISH (Expert) 04 April 2009
Please file an application u/s 205 of CrPC for permanent exemption and not exemption for one day. You may raise many point which may favour you, as the accused is working in a Nationalised Bank and is a law-abiding citizen, etc. Such points may help you in getting permanent exemption. If the Magistrate does not allows so, then you may file revision for such order before Sessions or may file an application u/s 482 before the High Court.
Your case is strong for getting permanent exemption.
adv. rajeev ( rajoo ) (Expert) 04 April 2009
U will have to file an application u/s 205 of CR.P.C. claiming permanent exemption application giving the reasons. Normally court will allow the application with a condition that whenever his presence is necessery accused shall have to attend the court.
Ravi Arora (Expert) 04 April 2009
agreed with mr kiran
Hiralal Das (Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
Neeraj Arora (9897136755) (Expert) 08 April 2009
I also agreed with Mr. Kiran Kumar.


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