• MV Act 279 337 184 177

I had an accident in 2006 ..I was driving wagin R car and from opposite site one bike Rider came and hit my car right side ..and he fell down and injured a lot ..on that day I went to police station and that bike owner file case against me ..next day I had take beil and after few month summons came at my place ..bike owner claim for compensation and I had submitted documents to insurance company and that company lawyer said me not to worry but...
 Now after 13 years of this suddenly summons came to me and notice to the person who had given my bail to be present at court and warrant will be issued if not...coz court says you are absei since a long ..
 What's wrong I don't know even till date I have not received any summons or letter ...
 Now what to do and what is the process?? Case penal code is IPC [deleted]
Asked 7 years ago in Criminal Law
Religion: Hindu

3 answers received in 30 minutes.

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19 Answers

You appear before the court and give written application that you haven't received any summons till date. You can file discharge if chargesheet is filed or go for quashing before high court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Then you can file discharge application.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No you will not go to prison. Discharge application is for discharging you from the aforesaid offences.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You should appear in court 

 

2) apply for exemption from personal appearance until further orders 

 

3) contest case on merits 

 

4) engage a lawyer 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If charge sheet is filed against you then you should appear in court 

 

2) you woukd be granted bail 

 

3) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You would not go to jail 

 

contest the false case filed against you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You need to present before the court for trial under section , for cross examination of prosecution witness and examination in chief and cross examination of your witness.

2. In trial you need to appear on every date before court.

3.engage an Advocate for the trial.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

After chargesheet is filed you can apply for discharge application before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can contest the trial and onus of proof is on prosecution you need to defend your case so you are not going to prison you just need to appear before court and can contest trial.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you will receive a summons from the court to appear before the court. If you fail to comply with the court summon then a fresh warrant will be issued against you.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client,

Compensation case and criminal case both are different. Criminal case in which you were granted bail is under trail. No big thing, appear on next date and take fresh bail. Even If you will admit your fault, court will release you by imposing penalty only, max 1000 rs.

Hire some lawyer .

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

summons are for your appearance in relation to accident FIR and you have to face the said trial.

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Hi,

You need not worry and appear before the court and apply for the bail stating the whole situation. It is suggested that when you are accused in some case, you must represent yourself to court on each and every date. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have not been evading the proceedings of the court, in fact you were not aware about the working of the court.
  2. If summons have to you this time form court, means earlier also they would have sent, but not received or tracked by you.
  3. It is also very fortunate that now you have received and they have been talking about your presence before the court otherwise next time warrant will be issued agaisnt you.
  4. And no, till the time you have been convicted by the court you can’t be sent to jail, as this would take many years more.
  5. Because you would also be a chance to argue the matter, lead the evidences etc. then final argument which will decide your case.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. It seems that you have jumped bail granted by the court i.e you did not appear before the court on the dates you were required to appear. Hence, court has issued notices to you and also surety.

2. Appear in the court on the next date of hearing without fail. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. If the chargesheet is filed then you have to apply for regular bail.

2. Unless you are held guilty at the trial and sentenced to imprisonment you will not go to jail.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The MACT case is different to that of IPC case.

You may have to follow it up or you will be found guilty and sentenced to undergo imprisonment.

Discuss with your lawyer and proceed

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If charge sheet is filed then the case will be posted for trial, better attend the court on the next date of hearing.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If sentenced then you may have to go to prison.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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