• Summons from police

I was working in a IT service firm. I have since moved from that company to a new one 4 months back.

During my tenure in the previous company I was working there as Mobile lead and was handling a project. The project was worth 15 Lakhs and the client had paid 9 Lakhs as advance. But we were unable to deliver the project to his expectation.

Since I was moving out, the company management decided to close the project and had intimated the client on the same.  The client raised concern and asked for full refund of the money. The company said that they cannot do that and had arranged to get another company to work on the remaining work to finish it within budget. The client did not agree to it and went ahead to proceed with legal things.

Now I have moved from that company to a new one. I received a CRPC 160 notice through email from Jammu Cyber branch asking me to come to meet them at Jammu police station on March 23. 

My question is that if I do not go there will it be a punishable offence and will it lead to imprisonment etc. Should I respond to the notice with a counter notice or something? I do not want to be associated with this as I am in a new job and need to focus on this one so please tell me what I have to do.
Asked 9 months ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu
It seems that a FIR has been lodged against you, in consequence whereof you have been asked to appear before police for investigation. You should apply for anticipatory bail to preempt being arrested on your appearance. If you choose to not to go there then warrant may be issued against you. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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1. It is advisable to meet the police,more so, when it is mere investigating it to cooperate in doing so.
2. Before going though get confirmation that your name is not appearing in the FIR and they are summoning you as mere witness only.
3. By helping the police to make investigation you will be discharging the duty as a responsible citizen of this country.There is no way you will be treated as associate of the old company.
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
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Send a mail informing your non availability due to such short time and seek another time at your convenience.
Devajyoti Barman
Advocate, Kolkata
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What you have read is either false or not understood by you. You are bound to honour the summons. Seek some more time to appear and in the meanwhile apply for pre-arrest bail.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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1) you must in response to the notice visit local police station in jammu on 23rd instant 

2) you are not personally liable as funds had been given by client to the company . if your organisation did not refund the advance it is the company which would be held responsible 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1) if it is not possible to appear on 23rd instant send an email and request for another date as it would not be possible for you to travel at such short notice 
Ajay Sethi
Advocate, Mumbai
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1216 Consultations
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Hello,
1) If you have received a summons from the police you must respond to it either by following the instructions or by sending an appropriate reply as you are unable to comply with it instantly.

2) There may be an FIR filed against you or you may be being called for to testify as a witness.In either case do not avoid the summons as it can lead to a warrant being issued to compel your appearance.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hello,
1) As you got the summons via email and it was a late intimation you can certainly reply via email and seek more time for appearance before the investigating officer.

2) It is also advisable to get an anticipatory bail in the matter to avoid arrest on appearance before the police in person.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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160. Police Officer's power to require attendance of witnesses.- (1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:

This may be with regard to the complaint lodged against your company and you are required to give a statement related to the facts that are known to you.  
If you happen to give statement, you may called to depose evidence in the later stage during trial of the case. 
You can decide, bu please be aware that the police may use pressure to bring you to the station to record your statement, then you may have no choice. 
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
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Thanks for the response. I got this notice through mail and I had not checked it till Sunday. The police from Jammu are asking me to visit them by 11AM today in Jammu. Whereas I reside in Bangalore. I do not know if I'm part of the FIR as I do not know it. 

For recording your statement you may not be a part of the FIR in the list of accused, you my be a witness and are required to give statement. 
If you are in Bangalore, you can give a reply that you may not be able to travel to Jammu owing to the expenses, the police may not be able to provide the to and fro expenses hence they may discard your witness.



What canI do now as I cannot travel in short notice.

i read somewhere that if I reside in another city then I need not go to the city where the police have summoned me


You can send a reply notice to send you the reservation confirmed return train tickets to facilitate you to attend the station for this purpose, you may not get any response.

 
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
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