Legal Question in Criminal Law in India

section 138 accused avoids presence on verdict

what happens if the accused does not appear on the day of verdict in order to avoid possible arrest/sentence of imprisonoment and fine under section 138. Can the judgement be pronounced in his absence and possible arrest warrant


Asked on 1/22/07, 10:59 am

2 Answers from Attorneys

Re: section 138 accused avoids presence on verdict

Generally the verdict is pronounced in the presence of accused.If you will not appear on that date the court may defer the order for any other date but definitly the court will order to issue NBW against you.

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Answered on 1/23/07, 12:12 am
Suyash Pant SUYASH

Re: section 138 accused avoids presence on verdict

His bail bond will be cancelled and Non bailable warrant of arrest will be issued against him.

However the judgement may be deliverd as per sec.353(6)& 353(7).

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Answered on 1/22/07, 11:42 am


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