Can a Lawyer Appear for the Accused in a Section 138 NI Act Case?
In an appropriate summons case, criminal procedure permits a Magistrate to dispense with an accused's personal attendance and allow representation through an advocate. This is particularly relevant where an accused lives far from the trial court, but it is a judicial discretion rather than an automatic right.
Supreme Court Approach
In
Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd., the Supreme Court recognised that insisting on personal attendance in a summons case can cause serious hardship and that even first appearance through counsel may be permitted in an appropriate case. Later Supreme Court decisions have continued to treat exemption as discretionary and dependent on the circumstances.
Common Safeguards
An application may address the accused's identity, continuous representation through counsel, an undertaking not to dispute steps validly taken in the accused's absence, cooperation with evidence and willingness to appear personally whenever directed.
When Personal Attendance May Still Be Required
The Magistrate retains control of the proceeding. The existence of an earlier warrant, repeated non-compliance, identification issues, a particular procedural stage or an express court direction can materially affect whether attendance is dispensed with.
Outstation and Bankshall Court Matters
For an accused outside West Bengal, see
outstation Section 138 summons. For central Kolkata matters, see the
Bankshall Court guide. The detailed exemption discussion is at
personal appearance exemption.
FAQ
Can an advocate appear on the first date?
It can be permitted in an appropriate case, but an order dispensing with personal attendance should be sought rather than assumed.
Is exemption permanent?
No. Personal attendance can be directed later.For defence assessment, see
Cheque Bounce Defence Lawyer in Kolkata.
General legal information only. Court permission and the individual case record control.Increeda Law Firm · Kolkata
Need focused legal assistance?
Share the present stage, relevant documents and any approaching deadline so the appropriate service route can be considered.
General information only. The appropriate remedy depends on the facts, documents, limitation, forum and applicable procedure.
