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Rashi (vv)     20 October 2009

absence from hearing

I am appearing as a respondent in person in a case u/s 125 CrPC . I wish to know if I am unable to attend hearing due to some bonafide reason or emergency at some date , what should I do ? Can I inform the court in time and how ? I do not wish to give an adverse impression to court .



Learning

 15 Replies

adv. rajeev ( rajoo ) (practicing advocate)     21 October 2009

It is a cri., miscelleneous not criminal case you need not to appear before the court on every adjournment. Whenever you get work just inform your advocate regarding your inability to attend the court.

Rashi (vv)     21 October 2009

sir , I am pleading on my own without a lawyer . please advise accordingly .

Anil Agrawal (Retired)     21 October 2009

 The beauty is that you can plead your case. But when it comes to seeking permission of the court to absent yourself from the hearing, it is to be done through an Advocate so that he may represent you on the date of the hearing. 

If you are absent at the hearing, your advocate is absent, the opposite party is present, what the magistrate will do?

1 Like

Adv Archana Deshmukh (Practicing Advocate)     21 October 2009

You can prepare an application praying for adjournment mentioning the reasons there in. Send it to the court on the given date along with a person with an authority letter authorising him to make submission to the court on your behalf on that day. But it is always better if you engage a lawyer.

 

1 Like

Rashi (vv)     21 October 2009

About Authority letter -- has it to be a simple authorization or special power of attorney attested by notary / oath commissioner ?

Adv Archana Deshmukh (Practicing Advocate)     21 October 2009

Just a simple authority letter is sufficient. The person only needs to submit your application before the JMFC in a  S. 125 cr.p.c case, and tell the reason of your absence. But it is always better if you engage a lawyer coz if the other party strongly objects then an advocate can handle the situation in a proper manner.

 

1 Like

Adv Archana Deshmukh (Practicing Advocate)     21 October 2009

Even then don't worry. It is just a s.125 misllaneous application not a criminal case and if you are regular on all the dates of the case, the judge won't be harsh upon you if the reason in your application is bona fide and genuine.

Rashi (vv)     21 October 2009

thanks Archanaji .

Anil Agrawal (Retired)     22 October 2009

 Please clarify one thing. If the respondent does not make an appearance in 125 case, what follows.

Adv Archana Deshmukh (Practicing Advocate)     22 October 2009

If the summons are duly served upon the respondant then, the court will hear and decide the case ex parte.

Sachin Bhatia (Advocate)     25 October 2009

It may depends on the court to fix the case for re summoning or court will give Ex-parte orders.

Anil Agrawal (Retired)     25 October 2009

 It boils down that it is a subjective decision.

SANJEEV KUMAR (STUDENT)     25 October 2009

Res. Anil Ji

I beg to differ on your following statement

"But when it comes to seeking permission of the court to absent yourself from the hearing, it is to be done through an Advocate so that he may represent you on the date of the hearing. "

I of of view that a party in person can submit any kind of document except oaths to the court. There is no need for going through advocate for seeking permission for adjourment. Party in person can file before date of hearing eg one or two day before the hearing

sanjeev 

Anil Agrawal (Retired)     25 October 2009

 Do you mean to say that the statement can be filed even before the date of the hearing? If it is so, it is quite interesting and revealing. I shall have no hesitation in accepting your advice.


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