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offence u/s.138

(Querist) 05 August 2008 This query is : Resolved 
whether personal appearance of the accused be exempted in a criminal case u/s.138, NI Act if the party is attempting to settle the matter in installments and part payment is already made in the court?
Srinivas.B.S.S.T (Expert) 05 August 2008
Madam! to dispence with the personal attendance of Accused you can either file a 317 Cr.P.C. petition or can obtain Special Vakalat under Section 205 Cr.P.C
arunprakaash.m. (Expert) 05 August 2008
Yes mr. srinivas is correct. You can compound the offence under section 320 CRPC.
KANDE VENKATESH GUPTA (Expert) 05 August 2008
Yes. By filing an application u/s 205 Cr.P.C. you can pray the court to dispense with your personal appearance and ask the court to permit you to appear through your pleader, but however you have to give sufficient reasons for your inability to regularly appear before the court. If the complainant agrees for compromise, you can also file an application to record compromise and acquit you.
anantha krishna n.v. Advocate (Expert) 06 August 2008
exemption and payment of amount are two different things. Even if you pay entire amount, unless the complainant is ready to compound the offence the court is perfectly right to go ahead to prosecute you. Remember this. Supreme Court said this many a time.
So your job is payment and also ensuring the withdrawal of complaint by recording compromise.

anantha krishna n.v. (Advocate AP High Court, Hyderabad, 9246531895)
K.C.Suresh (Expert) 07 August 2008
You will exempted if you file a petition for the same. Thre is no legal bar. You can pay the amount and file a petition and compound the offence if complainant agree so. Other wise payment won't dilute the liability.


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