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Dear Ikramuddin

you can not authorized any person to appaer before the court without the execute a POwer Of Attorney. you can appear before the court through a Lawyer after sign a vakalatnama.

Feel free to Call

The police station has told my family member to sign an authority letter and send it because i cannot appearin court for 5 or 10 minutes. Also, that we have never received off lately any letter or summons from thecourt or bank since many years. A policeman just came home and said there is a complaint against XYZ and also took my mothers name said you have to report to police station or pay off dues to the Bank. So my mother went ahead and paid of the dues. I have send an email to the bank to authorize my mother for anything related to my account. They sent my email to HO and it was agreed to waive off the interest and pay the above said amount. The Bank manager said he may have to appear in court for 5 or 10 minutes. But he can authorize someone and is not sure if the judge would agree to this. What i need to know is what can i do to avoid appearing in court as i am not able to do so and my job does not permit me travelling to mumbai. What kind of formalities i need to do? How can i authorize my mother? I have also sent a letter to Police station and Bank andon the same letter addresed to court as well about authorizing my mother. I will receive the Full settlement letter on Monday from the bank as the cheque show cleared in my mothers account. plz help

the bank says the settlement letter will come from mumbai office on monday and the withdrawl letter will come in 4 or 5 days.

Giving authority to an advocate should be the prefered option.

You have mentioned that you are accused under S 138, which is a criminal case. i wonder how you can authorise another person to appear before the court on your behalf (since an accused in a criminal case will have to be present before the court in person). However, Since you are telling that the matter is settled, you may ask the bank to withdraw the complaint before the court. In the mean while, you can also give a vakalath to an Advocate to present before the court and to plead for withdrawal of the case / summons etc; jointly with the complainant bank, when the case is called before the court. 

i am abroad  is there a remedy for this bank said they have received the amount will despatch a letter but say that they are withdrawing the case but i will have to appear in court on the 25th of next month for 5 minutes.

police station says just get an authorize letter signed and send to police and bank and that any family member that i authorize can go on my behalf as the money is now paid into the bank account....plz advise sir...Why do i still have to appear when i have paid the settlement amount...

Can u let me know if i am abroad how can i authorize someone on my behalf and what kind of documents i will need to sign

Once the offence of diushonour of cheque stand commited and proved,it can be diluted with the payment of the amount involved but it cannot be washed .The discetion of punishment and fine remains with the court,and its punishment of imprisonment up to two years and fine of double the amount of cheque.Iam once again of the opinion that the matter be got handled through a competent Lawyer.

Dear Ikram,

As suggested by Adv. Ajit Singh, Please consult the matter with a good lawyer in the locality, where the Court is located. The accused in a criminal case will have to appear before the court IN PERSON, once the court has summoned him. In your case, the matter is almost settled between the parties. Considering the same, the court may take into account your plea, provided the same is put forward in the right manner by the right person. (Since the practices and procedures vary from locality to locality, the issue can be sorted out, if the court is lienient). While discussing the matter, you may stress on the date (from which u r abroad) and the matter that u were not aware of any proceedings and no notice was received by you