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 108 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 defence 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 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 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).