Case Study on Exemption from personal appearance (Accused) 138 NI Act
“Taking into account the position of law explained in the above mentioned cases and the circumstances brought forth on record of this case, I find merit in the stand taken on behalf of the petitioner. Undisputedly the petitioner has been residing in Aurangabad Maharashtra state which is at a distance of 1800 kms. from District Abohar state of Punjab,. accused/ petitioner is also aged 64 years and is presently without any job and it takes about 6 days journey period to attend Court on every date of hearing at the expenses stated by him. The petitioner shall be granted exemption from personal appearance subject to his furnishing an undertaking before the Trial Court that his Counsel shall be present on his behalf on the case date when the case is called and evidence is recorded and that he would not dispute his identity as an accused in this case and would be present in the Court as and when his presence is imperatively needed.” Arun D. Deshpande vs Vipin Oil Extraction (P) Ltd 2001 (2) D.C.R 32 Panjab and Hariyana
