Section 98
To Adjourn Case In The Event Of Failure Of Accused To Appear
(1)
If an accused against whom a warrant for arrest has been issued
pursuant to Section 57 does not appear or cannot be caused to appear
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before the court even within thirty-five days after the date of the
issuance of the warrant for arrest to the accused, the court shall
adjourn the case in the case of that accused and hear and adjudicate
the case, upon taking and examining evidence, in the case of the
other accused involved in that case.
Provided that:
(a) In the case of an accused who does not appear
subsequent to a deposition made in or statement
of defense submitted to the court, the case shall
not be liable to adjournment, and the court shall
adjudicate the case upon taking and examining
the proof and evidence adduced by the plaintiff
and the defendant and such other evidence as the
court thinks reasonable,
(b) In relation to a case of offence punishable by a
sentence of imprisonment for a term of three
years or less, judgment shall be made in that case
based on the appreciation of evidence, also in the
case of the accused or defendants failing to
appear in the court.
(2) If any case is to be adjourned pursuant to sub-section
(1), the court shall postpone all the proceedings of the case.
(3) If a case is adjourned pursuant to sub-section (1) and the
accused appears or is caused to appear in the court prior to the
adjudication of the case, the court shall revive the proceeding, give
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information thereof to the complainant and proceed and adjudicate
the case.
(4) If an accused does not appear or is not caused to appear
in the court within a period of three years after the date of
adjournment of the case pursuant to sub-section (1), the court shall
revive the case so adjourned and proceed and adjudicate it in the case
of such accused.
(5) If an accused does not appear or is not caused to appear
in the court even until the period during which the case can be
subject to adjournment pursuant to sub-section (1), the proceeds
acquired from the auction sale, under the law in force, of the
property attached pursuant to sub-section (15) of Section 58 shall,
upon the judgment in that case convicting the accused, be credited to
the consolidated fund of the Government of Nepal.
(6) Where an accused appears or is caused to appear in the
court prior to the adjudication of the case and the accused produces
any evidence to the satisfaction of the court that the accused could
not appear by the reason that he or she was ignorant of the case
instituted against him or her, the court shall order that the property
attached be returned to him or her by deducting or realizing the
following expenses:
(a) The expenses incurred in attaching the property
where it has not yet been sold,
(b) The expenses incurred in publishing a public
notice for his or her appearance in the court or in
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the case of him or her in any matter related to the
proceedings of the case.
(7) Notwithstanding anything contained elsewhere in this
Section, if a case filed in a court is adjourned and a report or
information is received that the accused has appeared as a plaintiff or
defendant in any other case filed in the same court or in any other
court, such case shall not be deemed to be adjourned, and the court
may order such accused to appear in the court to proceed such case.
(8) Such case may be revived, proceeded and adjudicated,
in spite of the failure of the accused to appear in pursuance of the
order referred to in sub-section (7).
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