Hi All, I filed a criminal defamation case against two foreign nationals and their company (foreign entity but registered in India also as a Private Limited Company) for writing a defamatory email and spreading it with the help of the employer company’s official email system. Status in the case so far:- 1. At the time of filing suit in the court, we made 3 parties (accused) including the employer company in this case. 2. The court issued summons to both foreign nationals to appear in the court but unfortunately missed to issue summons against the company (3rd party in the case). Unfortunately, my lawyer neither noticed nor take any action to get issued summons against the company also. 3. Employer company received the summons issued against both foreign nationals and came in the court and submitted a reply (without having any summons sent to the company) and helped both foreign nationals to run away from the country. 4. They submitted a reply that both accused are not now working with them, while we produced dozens of proofs including videos that they are still their employees and the company is helping them to hide. Court took cognizance on our proofs and issued summons against the company in 340 CrPC case for producing fake/false documents and proofs. 5. Both foreign nationals never came in court. 6. Till now, the court has issued NBWs 5 times and both foreign nationals have run away from the country with the help of the employer company. Police have raided their office also twice. My Questions:- 1. How can I get issued summons to the company from the Court now in criminal defamation case (First Point - As it was also made a party at the time of filing the suit in the beginning and the Second point - Company helped them to run away from the country and we had produced dozens of proofs to establish it also including videos, photos, and other legal documents and 340 CrPC case has also been filed and summons have been issued in 340 CrPC to the company) 2. Please guide me with the provisions also 3. It is a criminal defamation case and both accused will never come back to India now. How can I get justice now? Can the court punish the company to help the accused running away from the country? If yes, Punishment can be in compensation format or jail (Company’s director or Staff who gave false proofs in the court)? Any judgment or provision or example/case? Thanks
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Since the summons to the company have not been taken so far, you may ask your advocate to take summons on the company as well at least now.
2. The summons are to be served on the company also which is a routine procedure.
3. The company is not an individual hence the company cannot be punished neither the directors of the company because they have not been impleaded as party to the defamation case.
This is general lapse that summons issued agasint two only. Summons can be issue now by requesting the court on next date.
No provision, court has already passed order to issue summon to respondent so it is lapse on office staff and your advocate that summon not issued to company.
Company cannot be jailed but director who is responsible in above matter.
- Your lawyer should move an application before the said court for passing direction to issue summons , or even he can request for the same.
- Further, Court has its power to summon the both the accused under the following provisions , i.e.
The Ministry of External Affarirs, has, on the basis of Look Out Circulars/Non-Bailable Warrants/Summons/Court Notices, suspended passports under Section 10A of the Passports Act, 1967 and impounded/revoked under Section 10(3) of the Passports Act, 1967, of Non Resident Indians (NRI) as well.
- Hence, you should move an application after giving some details of the country ,where they are residing presently .
- Director of the company is responsible for the same.
You can get fresh summons in name of the accused they are added as a accused if not added then you have to do the needful under section 319 of crpc
1. Has the court even summoned the third person as an accused after your pre-summoning evidence? If it has summoned him as an accused then I see no reason why summons will not be issued to him on payment of process fee.
2. In a criminal complaint you may array every soul on earth as an accused, but court is not bound to summon all. Court is to summon only that person against whom it finds there is a prima facie case. Your understanding of the issue is prima facie fallacious, hence you are blaming your lawyer.
3. If magistrate has decided to not to summon the third accused then you can challenge that part of the order in the higher court.
