Courts are flooded with cases, more than 2 visits are common. Later you will not be replaced by POA. Either file it through POA only.
Regd affirmation and verification of complainant in sec 138 - cheque bounce
Dear Sir/ Madam , I will be soon filing a complaint case u/s 138 . My advocate ( who had sent the notice ) have asked me to come to court twice , First time for affirmation and second time for verification before judge. My question is can both these be done in single visit . Is there any benefit of doing it at two separate stages ? I will be appointing POA for later stages and not before .
Asked 6 years ago in Criminal Law
Religion: Hindu
15 Answers
Yes. You must follow the advice of your Advocate. He's correct in this regard
It all depends upon the judge. The lawyer may request the court to do it in one go.
Regards
It cannot be done in single day as courts are over burdened
hence magistrate would give you date for verification
Hi,
The advocate is asking correctly. After your affirmation, the case will be filed and then pre summoning evidence will be done before judge on other date.
Affirmation is done at time of filing. Upon affirmation your complaint is assigned a number and court and next date
Verification is a step after assignment of court and case number
So both cannot be done at same time
Respected sir
There is no specific provisions as to you have to come twice or a single visit that's totally depends on him as how many and un what manner he calles you so you can frequently ask him to make it in a single visit...
thank you
No there is no benifit for two times for affidavit and for verification before court you can visit one time and then complaint can be filed and numbered.
yes affirmation and verification can be done in single date
Follow your advocate directions.
Yes you will have to go two times
these are the procedures of the district court which have to be adhered to.
Regards
You may have to be present at the time of filing the case and subsequently for sworn affidavit.
That will be done only after court is convinced of all papers filed before it to confirm that it is proper.
You may follow the advice of your advocate which is proper.
- As per the information mentioned in the present query, makes it clear that it is the two stage process created or would say develop by your advocate.
- It can be affirmed form ye oath commissioner also without your presence or from notary also.
- Thereafter, you will have to be there before the judge, it is not right, in fact you can appoint your AR from that date also which will be the first date of hearing also for admission of your case.
No both process can't be done on single visit to court. as it is the process mentioned in NI act.
First is preliminary evidence for purpose of consideration of complaint.
Second is after the complaint is admitted and summons are issued to complainant for evidence.
