138 n. i. Act

Querist : Anonymous (Querist) 06 August 2010 This query is : Resolved
In the matter filed u/s. 138 I am appearing for complainant. The accused is exempted by the court from personal appearance hence since beginning the accused represented by his advocate. Now the evidence of complainant is over but accused still avoid presenting before the court for recording his statement u/s. 313. Court directed me to take steps. But I am not aware what to do. Plz. can any Expert guide me, what to do? And under which sec?

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s.subramanian (Expert) 06 August 2010
you need not take any step except to file an application to close the evidence and recall the permission granted by the court to the accused to dispense with his personal appearance. if he does not appear after such a recall,nbw can issued against him.

S. Bharath (Expert) 06 August 2010
Surprising, because generally when courts order dispensing with the appearance of the accused u/s 205, the order should make it clear that this order will hold good only till the stage of 313 questioning. Any way, please try the recourse suggested by Mr. Subramanian.

Devajyoti Barman (Expert) 07 August 2010
The leave granted u/s 205 crpc can not be extended to the stage of section 313 as it is a mandatory procedure and without it the whole proceeding s become irregular. As he is avoiding appearance you have to pray for issuance of warrant of arrest against him for completing the requirements of section 313.

adv. rajeev ( rajoo ) (Expert) 07 August 2010
It is duty of the accused to attend the court when the stage of the case is for 313 sstament. At this juncture accused is not appearing before the court then pay process fee and request the court to issue NBW to the accused.