Justice for nri's

Dear Lawyers,

 I am an NRI and living in USA from last several years, I had a dispute with my ex-partner in the business in USA. That fellow with the help of his brother had filed a fake case in India 3 years ago, on Me, My wife and my father(who is a senior citizen and lives in India) under (IPC Sec 406,420,384,506 r/w 34). They filed the case directly at the session court and court issued warrants on us and sent to the police station for investigation. The police station investigating case was in there area and they have very good rapo with them.

The summary of case is that my senior citizen dad had kidnapped his 35 year old strong brother and made him do some online transfer. And I and my wife had planning all this from USA. The people for witness they have used is there driver and family members.

This is the first time my family ever dealt with a case; we thought the police will strike off this false case. We have appointed a lawyer referred my one of my friend, and provided all the evidences through him to police station to prove our innocence. After we provided all the evidence the other party had amended the FIR and finally with the help of police submitted the false charge sheet to the court after 14 months of investigation.

I came to know that our Lawyer had dragged on the case to extract more money from us.

The court had issued NBW on me and my whole family; it was hard for us to come to India. So I changed the lawyer, the lawyer who applied for squash in high court just prayed for removal of NBW and petitioners will attend the trail. High court ordered to remove NBW’s. So we came to attend the trail court.

Some time my lawyer says he will apply discharge petition and some times he says he will go with the trial. Finally my lawyer told us to come for 2-3 months and he will finish the case.

So last summer we came to India and spent for 3 months attending court regularly. My lawyer had made petition for examination.

To everyone’s surprise the Judge is not at all interested to conduct examination and he was giving only dates for every 2-3 weeks, and in one of the dates when my lawyer strngly requested the judge to take examination he directly said "What is there in the case if I conduct the examination for them. If you want to finish the case quickly then firstly you shouldn't have entered into this case" and told us Come next time and he gave date after one month.

After trying 3 months trying for examination in court, I came back to USA.

On the next date, We have not attended and the Judge had issued NBW's on all members and after 15 days my lawyer presented my wife to remove NBM saying she did not attend previous date because of ill health, the Judge ordered to surrender her passport. 

Can you experts please tell me what should I do? Now I am in USA with NBW . I feel that if I attend the court the Judge will tell to seize my passport as well.

I am ready to attend the court but for every 2-3 months for few days I have to visit USA for work related things.

I have a great respect in Law, but what should I do if the Judge is in no mood to examine us and finish the case. The only intension I found is to harass us by issuing NBW's.

Is there a way where I can take permission to attend the court when it is mandatory? Meanwhile can my dad represent us in courts for dates? 

I wait for your precious opinions and Thanks in Advance!!