Substituted service by paper publication can be done
You have to make an application to the court for this
138 case summons of court not received/delivered at residing address
Complainant filed a 138 case for cheque bounces of a limited company. the complainant filed case in january 2018. the court has issued summons in july 2018. the case is lodged against the debt of the company which is almost closed/bankrupt but did not declare the bankruptcy officially. The main promoters/directors of the company are not residing at their old residential address now. the new residence address has not ben registered anywhere and not known to the court/complainant. So the summons are not served to the main promoter/directors. But, same summons are served to 2 other independent directors who are not involved in the day to day activities of the company and does not have any personal liability towards the cheque bouncing case. the company is arranging representation for those 2 directors who are served court summons. Question : 1. whether this representation of only 2 directors is sufficient 2. whether any of promoter/director not needed to appear in court on the day of 1st representation. 3. what are the possibilities of court proceedings in the matter of 3 promoter/directors who are not served court notice and not available at registered address.
Asked 5 years ago in Criminal Law
Religion: Hindu
14 Answers
Advocate, Mumbai. E: adv.yusuf.rampurawala@gmail.com
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For a company you need to post summons at its registered address
Advocate, Mumbai. E: adv.yusuf.rampurawala@gmail.com
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Those who are served summons can appear in court
2) you can make application for exemption from personal appearance for directors
3) it is for complainant to serve summons on other directors
Thanks Mr Sethi I am representing the defendant (Directors who are not served Summons) Can Court issue a Warrant or notice to local police station for Search of Directors ? Or it is the complainant who will have to find the new address and get the Summons served to the defendant (Directors)
Asked 5 years ago
Without serving the summons, the court will not issue warrant.
You should file a criminal complaint under cheating (420 IPC) and breach of trust (Sec405 of IPC) with the nearest police station.
Complainant will have to find new address and get summons served to defendant
If inspite of service of summons accused does not appear then only bailable warrant is issued
My apologies
I misread your query assuming you are complainant in the 138 complaint
If the summons cannot be served on the directors by regular service through RPAD, then the complainant can apply to court for substituted service by issue of public notice (i. e paper publication)
If despite above public notice, the accused do not appear, the court can issue warrant against the accused
Advocate, Mumbai. E: adv.yusuf.rampurawala@gmail.com
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Firslty, once the summons have been issued against someone then if the same returned back to the court by any reason they court may issue fresh notice to the defendant.
Secondly, if this happens for the second time also then bailable warrant may be issued.
Thirdly, if still no success then non-bailable warrant may also be issued.
Fourthly, the other two directors may not get punished by the court of law if they happen to prove their limited liability towards the company.
1. The court will insist on sending summons to all the accused, i.e., to the main accused besides these directors, so there is no question that with this itself the trial of the case will begin. The will put pressure on you to obtain the correct address for serving the summons to the main promoters/ directors or the case will be dismissed.
2. The court will pass orders to issue fresh summons to the accused who did not appear on the first date of ehring.
3. Read the first answer.
Without serving the summons, the court may not issue instructions to police or issue a warrant for the accused who have not been served with the summons due to address issues.
The court will put pressure on the complainant to furnish fresh address of the accused, if he fails to give fresh address, the court may even dismiss the complaint.
1. Yes the representation of two director is sufficient.
2. the notice will be deemed served in light of the various judgments of the court, since the same came back from the address
The court may issue the NBW and then may direct the SSP to make them appear before the court.
The notice will be deemed served
1. The director in are liable in company equally.
2. There advocate can appear and file appearance.
3. Court can issue Bailable warrant then non bailable warrant to summon other directors.
Yes the court shall issue Warrant in name of the directors.The court has power to issue warrant in case complainant has alternate address can place on record same.
The court may issue B/W or NBW for search of the persons.
