Drink and drive

Querist : Anonymous (Querist) 14 September 2011 This query is : Resolved
sir's
I was one of the unfortunate one caught on 20/11/2010 for Drink and drive,when I was not at all under any alcohol consumption, I was made to blow the gadget more than 10 times and this gadget did not show any signs of alcohol, but then there were others to blow the same gadget and it was found that they had consumed alcohol.I was charged a fine of rs.2100.00 for which they gave me a receipt and called me to court for which I regularly went & at all times I confessed that I had not consumed any alcohol on that day, to which a date was given and the case prolonged till now, I have been called to the lok adalat on sunday and ny deposit they say has been forfeited, because my lawyer did not attend the last date, for which i had repeatedly told him to attend, because i was out of mumbai.In such a case they say the amount has been forfeited. is this possible and will I be given a favourable hearing on sunday in the lok adalat.will I get my money back which i paid as a deposit?.what do you think I should be prepared for?

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ajay sethi (Expert) 14 September 2011
obtain a copy of the order . if due to your lawyer remaining absent the deposit has been forfeited request your lawyer to do the needful .

generally in lok adalat both the parteis are required to remain present and order is passed with consent of parties . if any party is not agreeable then case goes back to regular court .

obtain certified copy of order

Raj Kumar Makkad (Expert) 14 September 2011
Your deposit was against security for your bail. Once you absented and no application for your exemption was moved by your counsel, the court is bound to follow its process of forfeiting the deposited security. You may make an application citing reasons of your absence with cogent evidence and pray for restoration of your deposits. Court may do so if it is satisfied.

Much has been replied by sethi about working of lok adalat.

prabhakar singh (Expert) 14 September 2011
AGREE WITH MR. MAKKAD. YES !

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