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jitendra (c e o )     24 August 2014

Permanant exemption from attending court under 138 ni act


a complainant has filed a case under 138 n i act against my self and my son .i am senior citizen can i get permanent exemption from attending court as my son reguraley attend court . any judgement in this support



 8 Replies

Shivayogi K (Civil Engineer & Contract Administrator)     24 August 2014

Law is for helping innocents by punishing criminals & cheaters.

Providing any assistance to frauds & willful defaulters is crime against humanity. As they have not only misused one who has trusted them but have deprived many who deserves ones assistance.

When a person is senior citizen, I think he should set examples by demonstrating morals (not trying to escape from the back door).

adv.raghavan (Advocate,9444674980)     24 August 2014

yes,you can give a try but it is upto magistrate to take a call.

In Bhaskar Industries Ltd. (supra), this Court had laid down the following guidelines, which are to be borne in mind while dealing with an application seeking dispensation with the personal appearance of an accused in a case under Section 138 of the N.I. Act:

"19. is within the powers of a Magistrate and in his judicial discretion to dispense with the personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if the Magistrate finds that insistence of his personal presence would itself inflict enormous suffering or tribulations on him, and the comparative advantage would be less. Such discretion need be exercised only in rare instances where due to the far distance at which the accused resides or carries on business or on account of any physical or other good reasons the Magistrate feels that dispensing with the personal attendance of the accused would only be in the interests of justice. However, the Magistrate who grants such benefit to the accused must take the precautions enumerated above, as a matter of course

Chetan Joshi (Advisory/Advocacy)     25 August 2014

Yes you MAY.



Chetan Joshi

sripada VRS (LEGAL AND FINANCIAL ADVISOR)     05 September 2014

dear sir, 

You appoint special power of attorney on behalf of U before bench and get exemption with permission of court.

Satya nand aggarwal (Advocate)     19 September 2014

Yes yu can be exempted permanently if you demonstrate the follwing things as per section See 205 and 317 - Exemption from personal appear during enquiries and Trial can be granted for the reason like (a) evidence can be taken in the absence of accused (b) no obstruction cause (c) Presence of accused is not requires (d) The magnitude of suffering which have to bear in order to make himself present in the court –can not altogether over looked (e) Willing to give on undertaking for recording evidence in the absence2005-2 LAW HEARLD 32 PB,  


Rohit Krishan Naagpal (Advocate)     07 October 2014

 You should approach the learned Metropolitan Magistrate for exemption from personal appearance under Section 205 Cr.P.C. and cite  judgments of  the Hon'ble Supreme Court in TGN Kumar v. State of Kerala, (2011) 2 SCC 772 and Narinderjit Singh Sahni v. Union of India, (2002) 2 SCC 210.
and if such an application, discloses sufficient grounds, the learned Metropolitan Magistrate may  not insist the personal appearance till the passing of the order under Section 251 Cr.P.C. subject to the you being represented by a duly authorised counsel or and AR.
Rohit Krishan Naagpal
Advocate Supreme Court of India
1 Like

Satish Mishra   13 August 2016

Can the accused be granted exemption on the first date of hearing? When he has to travel from south India to North India.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases.     13 August 2016

There can not be permanent exemption in criminal cases.and an accused can not appoint at POA holder.


Bhaskar industries and TGN kumar are old cases.Now in 2014 the SC has given short procedure of three months for completion of trial and have reduced many steps for speedy conclusion of trial.


The Court concerned must ensure that
examination-in-chief, cross-examination and reexamination
of the complainant must be
conducted within three months of assigning the
case. The Court has option of accepting affidavits
of the witnesses, instead of examining them in
Court. Witnesses to the complaint and accused
must be available for cross-examination as and
when there is direction to this effect by the Court.




So accused can seek exemption on the days not needed for any step but no permanent exemption can be granted.



But there are simple ways to avoid attendence which will depend on particular situations. Please give case details for proper procedure in this matter.


Regarding absence on first day , the accused can appoint an advocate who can give appearance and can give appliction for exemption for appearance of the accused due to travel bottlenecks.

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