Permanent Exemtion In 138 Ni Case.

Sameer (Querist) 08 September 2009 This query is : Resolved
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!
Sameer.riven

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PALNITKAR V.V. (Expert) 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.
riven

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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

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Shashwat Shukla (Expert) 08 September 2009
Mr. Palnitkar is right.riven

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Adinath@Avinash Patil (Expert) 08 September 2009
I am also same opnion of above exportsriven

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Bhumik Dave (Expert) 08 September 2009
Agreed with above learnedriven

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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

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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

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charudureja (Expert) 09 September 2009
S.317 Cr.P.C does not come into play in this case.riven

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