Sec 138 ni act

darshan (Querist) 11 January 2023 This query is : Resolved
dear sir
i am accused in my a38 case . i am from maharashtra and my case is in saket delhi . i want to know that can i present virtualy on every date and my lawyer will attand court on dates . is any provision in this regard

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If you're accused in a Sec 138 NI Act case and your case is in Saket, Delhi, you may be able to attend court hearings virtually. After obtaining bail, your lawyer can file an application under Section 205 and 317 of the Cr.P.C. for exemption from personal appearance on most dates. You will likely still need to be present for plea recording and evidence stages, so it's crucial to engage a local Saket lawyer to advise and act on your behalf.

Advocate Bhartesh goyal (Expert) 13 January 2023
Once you have to get bail from court thereafter an application u/sec 205&317 Cr.P.C for exemption to attend court hearing dates may be moved by your counsel and generelly court grants exemption.

Pradipta Nath (Expert) 13 January 2023
You need to remain present during taking plea and on the dates fixed for evidences.

Dr J C Vashista (Expert) 13 January 2023
Seek advise and confidence of your Saket Court lawyer to move application u/s 205 CrPC for permanent exemption from your personal appearance through him/ her (your lawyer), which can be permitted by the Court.

SHIRISH PAWAR, 7738990900 (Expert) 13 January 2023
Hello,

Yes you can file exemption application u/s 205 of crpc. Court may allow your application as per your reason. However you have to remain present in court for please recording and for hearing of the case.

Dr J C Vashista (Expert) 14 January 2023
Did you engage a local (Saket) lawyer ?
If not, find and hire services of a Delhi lawyer.
If you have already engaged, what is his/ her advise proceed accordingly and there is no point in posting such time pass query.

R.K Nanda (Expert) 14 January 2023
file application in court to get exemption from appearing in person.

P. Venu (Expert) 18 January 2023
Yes, Court can grant exemption esp. NI 138cases.

Dr J C Vashista (Expert) 19 January 2023
If you have not so far engaged any lawyer from Saket and feel so, may contact me.

Sudhir Kumar, Advocate (Expert) 19 January 2023
you must appoint a lawyer in Saket Court.

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