Upgrad LLM

Permanent Exemtion In 138 Ni Case.

This query is : Resolved 

08 September 2009

Dear Members,
I want to know that whether permanent exemtion is granted in Ni 138 Cases. if yes then i want some case laws.
Thanking You!

08 September 2009

2005(2) Bom.C.R.(Cri.) 17 Supreme court in the case of S V Muzumdar Vs. Gujrat State Fertilizer Co. You can get this on SC site also.

charudureja (Expert)
08 September 2009

well adviced by Mr. Palnitkar.

it can be granted and generally courts accept such applications in order to avoid unncessary harrasment etc.

however u r supposed to be present in the court as and when directed by the court e.g. during recording of evidence etc.riven

Shashwat ShuklaOnline (Expert)
08 September 2009

Mr. Palnitkar is right.riven

Adinath@Avinash PatilOnline (Expert)
08 September 2009

I am also same opnion of above exportsriven

Bhumik DaveOnline (Expert)
08 September 2009

Agreed with above learnedriven

Sarvesh Kumar Sharma Advocate (Expert)
09 September 2009

SH there is no specific provision in n.i.act, for permanent exemption .
but there in cr.p.c. permanent exemption covers.
go through 317 cr.p.c.riven

Shivasurya (Expert)
09 September 2009

Sameer Ji, file petition u/s.205 Cr.P.C. for dispense with the appearance of the accused in summary cases. The offence u/s. 138 NI Act is a summery case. After allowing the 205 petition, the appearance of the accused will be dispensed with by his/her counsel in all hearings except the questionings stage under sections 215 and 313 Cr.P.Criven

charudureja (Expert)
09 September 2009

S.317 Cr.P.C does not come into play in this case.riven

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