• Summon to attend court

I received cheque bounce 2nd notice which notice was hand over by local police person to me, to attend court. Issue is my father is bedridden faced two surgery in current month. by Manipal hospital in spine, now he is completely depend on me . For his day today`s activit. Because of this i may not able to attend court by prescribe Date. How to request court to allow me for next date without attending court.
Asked 6 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

22 Answers

You can file permanent exemption through your lawyer for exempting you from attending the court hearing and your lawyer will attend the same in your absence. You will be called for any dates if necessary by the magistrate in the said case

Prashant Nayak
Advocate, Mumbai
34657 Answers
249 Consultations

You can engage lawyer to appear on your behalf 

 

2) make application for exemption from personal hearing as unable to attend court as father is bedridden due to spine surgery 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

You ha e to engage a lawyer to appear on your behalf 

 

sending medical certificate to complainant lawyer would not help your case 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

You need to engage an Advocate and he will file a an Application under S.205 along with memo of appearance. The Judge will be pleased to give a long date.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

1. This is no ground to not to appear in the court. Cheque bounce case is a criminal case, hence on being summoned as an accused you have to appear in the court and apply for bail and fill the bail bonds. If you do not appear then court will issue a Non-Bailable Warrant to seek your presence before it.

2. For one or two dates you may be exempted from personal appearance, but court will not grant you indulgence thereafter.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

You can engage an advocate and he may seek time citing the reason and filing exemption before the court if there is non appearance court may issue Warrant against you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Otherside advocate will not file and cannot file exemption on your behalf you need to engage advocate for your self.


Otherside advocate will not file and cannot file exemption on your behalf you need to engage advocate for your self.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. On one particular date an accused person can fail to attend the case then also he can remain absent and his advocate can take proper steps.

2. For taking one adjournments you need to file medical certificate.

3. So ask your advocate who can take the next date for your appearance without much hitch. 

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1. Either you yourself in person has to attend court date .OR. your duly appointed Lawyer will attend on your behalf, by giving undertaking in court.

2. There is no other way, since on non-attending in above manner, Court would issue warrant for arrest, which will be more trouble for you.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You contact an advocate in the local, give him a vakaltnama, he will represent you before the court and may explain the circumstances prevailing at your home and may seek to condone your absence on the date of hearing.

However this cannot be a permanent excuse, yo may have to make some alternative arrangement on the court dates in future.

 

T Kalaiselvan
Advocate, Vellore
90173 Answers
2506 Consultations

The opposite lawyer is not an authority.

He cannot represent you before court.

The court will initiate legal action against you through police if you still do not appear or not being represented by a lawyer on the date of hearing despite receiving notice from court in this connection.

Therefore it is advisable that yo do not take any risk and dont be misguided by any wrong advises too which may cause more severe hardships and adverse impact.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2506 Consultations

If you will not appear on next day, will be arrested than who will look after father.

Apper on next date with advocate and get bail. After that your Advocate will represent u in court and will submit application to exempt your presence.

 

No options.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Yes you can intimate any of your lawyer who represents you in court

Prashant Nayak
Advocate, Mumbai
34657 Answers
249 Consultations

- If you will not appear before the Court after receiving the summons , then court will issue warrant against you.

- Since, you case is genuine , then you should move an application for exemption from personal appearance through any  lawyer or relative. 

- Better to attach some medical copy of your father with the said application. 

- Dont worry you will get ample time from the court for caring your father . 

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

1. You can avoid attending the court and send your advocate with request for another date on ground of your father's health.

2. But it will be better for you if you go along with your advocate and submit bail bonds and surety bonds.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If you not attended your case in summon stage court might have chances to resummon you or may be issue a arrest warrant ,if court issue the warrant then you have to take a bail for the case if again you are not attain the court proceedings court will send you the non bailable warrant against you,there will have 90% chances to go behind the bars so please hire a lawyer who deals with case related to cheque bounce and go along with them otherwise you will in trouble.

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

You have to furnish the exemption application to the court through an advocate. 

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

You shall have to engage a local lawyer who will appear before the Court and pray for another date for your appearance for the specific ground. 

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

1. Counterpart lawyer has not sent you the summons. the Court has sent it to you asking you to appear before the Court.

 

2. So, you shall have t pray before the Court for another date ofn your appearance and that can be done through your Advocate.

 

3. Sending leter to the Opposite Side lawyer for extending your date ofm appearance before the Court is of no use legally. 

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

You should engage a lawyer and let him file reply and exemption application.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

There is no concept of a temporary and a permanent lawyer. However if anyone agrees to it then go ahead.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

You have to engage your own advocate and he will manage to get exemption for you.

Kishan Dutt Kalaskar
Advocate, Bangalore
6243 Answers
500 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer