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Abdul (RM)     26 July 2011

Car Accident in goa

Dear Experts i am in a big trouble to face a case .. i am from coimbatore tamilnadu, 7 months before i went to goa as a tour i rented a car and to cross the road a bike smashes our rented car .the person who drives the bike admitted in hospital  and the police file a FIR against me not the victim. i was in police station 2 days . i didnt know anybody in goa. to get a bail is a big issue on that time.. so the police and my friends arranged a local person to bail me the police said put Rs.10000  Fixed deposit in bank on that persons name who gave bail to me.i gave the money. then i released ..

In this month 12 th july the police calls me and said "u come 13 th july 10 :00 AM" then i says there is a travel problem so i cant reach there with in one day so i request postponded the date the police accept and today the police call then says your hearing date is 10 th august 2011 10 : 00 AM ..

My questions are

1. How to i belive the hearing date through only the phone call from police i didnt get any summon papers.

2. what will be the possible judgement like this type of cases

3. will i want to pay any fine or amount due to this case to the court or the victim. then maximum what will be the amount to be.

4.How many hearings will come to this case . is there is any possible to close in one hearing.

5. i dont know about court. if judge will ask any question or what will happend.

6. will i get that money back to paid for bail.because i dont know who is gave bail to me.

pleas reply my questions i am waiting for your valuable replies.

 



Learning

 7 Replies

Abdul (RM)     26 July 2011

Cont....

7. i said to police that "will i call any lawyer to goa" then police said "no i will arrange a lawyer to you " it creates any problem.

8. There is big problem with language the police knows only hindi , i dont know hindi this also create communication barrier ..

 

THANKACHAN V P (Advocate & Notary)     26 July 2011

1.Offences charged against you may be under 279 and 337 (if injury is minor ) or 338 IPC (if grevious). Any way it is bailable .

2. Normally court amy allow to plead guilty and maximum fine amount is only 2000 (Rs 1000/ for rash and negligent driving under 279 and Rs 1000 for causing grevious hurt under 338).

3. If you know the name of the police station we can easly find out the court in which your case is pending.

4. It is better plead guilty with the help of an Advocate from Goa. Hope there may be Advocates in this forum from Goa.

5. Some Magistrates even permitted to plead guilty in the absense of the accused. I do not know what isthe  position Goa.

6. If the date given by police is correct the court might have issued Non Bailable Warrant against you on 13-07-2011.

7. I do not know what will happen to Rs 10000/.

  

 

 

 

.

 

1 Like

Abdul (RM)     26 July 2011

Thank you mr. Thankachan sir

sir i want to know how many hearings will i appear to the court is there is any possible to close in one hearing..

and i want to know will this create any problem to my carrer ... any witnesses are required for this case because that time 5 to 6 number of friends with me.. but this time i only go to the attend the case so thats why i ask if the witnesses are reqiured or not.

will i take any documents to the court like original liscence or ration card ..

THANKACHAN V P (Advocate & Notary)     26 July 2011

1.If the court permits you to plead guilty to the charge, you need appear before the court only once.Maximum fine as I told you before only Rs 2000/.. (Usually courts do not award imprisonment in 279 and 338)

2.It will not affect your career.even if you plead guilty.

3. In case the court do not allow you  plead guilty engage a an Advocate there and request him file a petition under 205 Crpc to exempt you from personal appearance so that you need not appear before the court until further orders (I shall send format if necessay).

If you need any further information don't hesitate to call me 

 

jeetendra patel (lawyer)     23 September 2011

THERE IS PROVISION FOR IMPRISONMENT AND OR FINE AS FAR AS SECTION 279 AND 338 IPC  IS CONCERNED .TO PLEAD GUILTY IS A RISKY AFFAIR.TRY TO TAKE INFORMATION THROUGH LOACL LAWYER. ONCE OR TWICE TAKE A LAWYER WELL ACQUAINTED TO YOU. WHO WILL SORT OUT ALL THE POINTS LIKE CHARGES LEVELLED AGAINST YOU, WHO ARE MADE ACCUSED .,THE NAME OF THE COURT, THE DATE FIXED FOR THE MATTER. SIMULTANEOUSLY YOU CAN MOVE AN APPLICATION FOR PERMANANT EXEMPTION CITING THE GROUND OF YOUR STUDIES,COLLEGE., LONG DISTANCE,FINANCIAL ASPECT ETC DEPENDING ON THE SITUATION. TAKE A STAND OF PLEADING GUILTY ONLY WHEN YOU ARE COCK SURE THAT JUDGE WILL IMOSE PENALTY AND NOT IMPRISONMENT. TAKE HELP OF LAWYER.

DONT GET PANIC.IF YOU ARE NOT AT FAULT YOU WILL COME OUT OF IT HAVE PATIENCE.ALL THE BEST. J.P.PATEL PUNE ADVOCATE (9921158871)

nickimia (HR)     22 November 2011

I think you should hire a good & successful lawyer. Before choosing a lawyer you should contact the American Bar Association for a referral list of personal injury lawyers of your area. For best lawyer you can take refrence from your friends and family. Don't worry your lawyer will answer all the questions of the judge.

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Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 November 2011

Dear Moderator.

 

Please bar this member and close this thread

 

Regards,

 

 
Shonee Kapoor
harassed.by.498a@gmail.com

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