• Jurisdiction for summons for private criminal complaint to a magistrate under CrPC section 200

I hace received a summons from 15th metropolitan magistrate court in Kolkata on a private complaint lodged against me by bajaj Finance, under sections 420,418,406,506 of IPC. Bajaj Finance head office is in pune and I am residing in Bengaluru. The loan was also issued to me from Bengaluru branch office.. I have not visited kolkata from the past 6 years. I have nothing to do with their kolkata branch office. But they have falsely claimed that the dispute took place in their kolkata office and filed the matter and the magistrate has taken cognizance of the matter and issued summons for the 26th of February. The case as per the e courts website is registered on 30th of December 2023, but even as of today it says that the case has not yet been allocated to any court. However the summons us dated 9th Jan 2024.
1. How to verify if the summons is genuine, if the ecourts website does not show to which court the matter is allocated even after 1 month?
2. Does the metropolitan magistrate court in Kolkata have jurisdiction in this matter if the accused is residing outside its territorial jurisdiction?
3. Should I prepare to take bail as the 1st step before I am given an opportunity to argue my case? 
4. Can my lawyer represent me without my physical presence on the date of the summons and answer the charges on my behalf and question the jurisdiction? 
5. Can I give power of attorney to another person to represent me and be physically present on my behalf if I do not want to go? 
6. Since, they have asked me to appear in person or through a pleader in the summons , does it mean I need not be physically present if my pleader or advocate is present? 
7. Normally how long does it take for the e courts website to update the exact status? 
8. Is it possible that Bajaj finance advocates are issuing the summons in connivance with lower staff without the matter getting allocated to any magistrate just to intimidate me?
Asked 11 months ago in Criminal Law
Religion: Hindu

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6 Answers

If part of cause of action has arisen in Kolkata then magistrate in Kolkata court has jurisdiction 

 

2) apply for anticipatory bail from sessions court 

 

3) your lawyer can appear on first date and make application for exemption from person appearance for said day 

 

4)POA  cannot appear on your behalf in criminal cases 

 

5) it does not appear to be intimidatory tactics 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

Dear client,

  1. For guidance on the appropriate line of action and to confirm the validity of the summons, you might wish to speak with a legal expert.
  2. Legal issues can be complicated. It is advisable to discuss this with your attorney, who can review the particular facts and relevant legislation, including the Code of Criminal Procedure (CrPC).
  3. Getting legal advice is essential. They can advise you on the necessity and appropriateness of requesting anticipatory bail.
  4. You might not have to show up in person for every hearing; your attorney ought to be able to represent you in court. They are able to argue on your side, raising issues such as jurisdiction.
  5. A power of attorney can provide someone else the right to act on your behalf, but depending on the exact powers conferred, it may or may not apply in court.
  6. If your lawyer is representing you, they should be able to explain whether or not you need to be present in person. While the summons language might offer some information, legal counsel is essential.
  7. Updates to e-court websites may take different amounts of time.
  8. Unfounded assertions may be dangerous. You can look at possible legal proceedings or intimidation defenses.

Hope this helps you.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

1. If you have received the summons then you either engage an advocate and appear before concerned court or directly appear before court on the stated date. 

If that's already reflected in the ecourts website then there's no reason for you to suspect the summons or ecourts information. 

2. It is the jurisdiction of the complainant that is taken into and not that of the accused. 

3. If that is the legal procedure then you have to comply with it.

4. It is a criminal case. your lawyer cannot represent you always,  you may have to appear for the first time to get enlarged on bail. 

5. Power of attorney is not allowed in criminal cases. 

6. Yes,  you have to be physically present to get bail.

7. The one what you saw is the updated information only. You will come to know about the developments after the next date of hearing. 

8. It is not possible especially when the case is already available in the ecourts website 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

To answer your questions as below:


1. How to verify if the summons is genuine, if the ecourts website does not show to which court the matter is allocated even after 1 month?

Cases are often transferred between courts and ecourts is sometimes not updated to the latest case status as it depends from court to court. Also if you are able to see your name as the accused/party, then the summons must be genuine as it should bear the seal and signature of the magistrate and court (you will also find a number associated with the summons issued)

2. Does the metropolitan magistrate court in Kolkata have jurisdiction in this matter if the accused is residing outside its territorial jurisdiction?

Any court in India can summon any person from anywhere in India as long as the court is satisfied and admitted a complaint. 

3. Should I prepare to take bail as the 1st step before I am given an opportunity to argue my case?

You do not need to apply for bail as it is in the summons stage. The court has not yet issued a warrant.

4. Can my lawyer represent me without my physical presence on the date of the summons and answer the charges on my behalf and question the jurisdiction?

Yes, your lawyer can represent you even in your absence. Also can apply before the court to exempt you from physical appearance on further dates. You are advised to engage a lawyer in Kolkata who should be able to guide further.

5. Can I give power of attorney to another person to represent me and be physically present on my behalf if I do not want to go?

Your lawyer himself should be able to represent you in the case and you can also provide power of attorney to anyone who is aware of the facts to represent you in case your appearance is instructed by the court during any stage of the trial process

6. Since, they have asked me to appear in person or through a pleader in the summons , does it mean I need not be physically present if my pleader or advocate is present?

Answered in #4 so as long as a pleader represents you, you may not be present in person.

7. Normally how long does it take for the e courts website to update the exact status?

It is generally within a day or two, if it is updated all.

8. Is it possible that Bajaj finance advocates are issuing the summons in connivance with lower staff without the matter getting allocated to any magistrate just to intimidate me?

Very unlikely as it would amount to fraud and impersonation and no court staff would ever do that.

Aniruddha Chakraborty
Advocate, Bangalore
44 Answers

1. Engage an advocate who can verify whether the summons is genuine or not.

2. Court has jurisdiction over the place where cause of action occurred.

3. Yes

4. After bail and except few stages your advocate can represent in your absence.

5. No

6. or bail your presence s mandatory.

7. Few days

8. No comment.

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

1.By inquiring in courr

2. If cause of  action is in Kolkata then yes

3. yes

4 yes  

5. in criminal  case no only in civil matters POA can be given

6. Your pleaded can appear 

7 same day 

8 need to verify

 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

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