hello
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
jitendra (c e o ) 24 August 2014
hello
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
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.
Chetan Joshi (Advisory/Advocacy) 25 August 2014
Yes you MAY.
Regards
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
Satish Mishra 13 August 2016
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 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.