Party absconding after filing 138
We have filed 138 against one of our clients who is a pvt ltd company and two of its directors. We had sent the summons on their office address as we did not have address of directors. Summon was received by one of the employees. However, shortly after this, the company has shut shop and directors are absconding. Court date is still a month away. Please suggest what pro-active action is to be taken from our end. Thanks
Asked in Criminal Law from New Delhi, Delhi
1) if you are unable to serve summons you have to make application for substituted service
2) court will grant your application and you have to publish summons in 2 local newspapers
pYou may apply to the court to prepone the date of hearing as there is a fear that the accused persons may escape from the jurisdiction of the court. On the date of hearing the court may issue warrant against them so that they are produced in the court. This is the utmost that may be done.
Since the summons have been served through court and the date of hearing has not come till date, wait for the date of hearing on how the company reacts to the summons received and then go by the court proceedings as directed by court.
If the accused do not appear on the date summoned a BW/NBW shall be issued against them to secure their presence. If Police is unable to execute the warrants, the court might declare the accused as PO and file will be consigned to record room and further proceedings will start when the accused are arrested and brought before the court. Get a copy of the court order declaring them PO and whenever you get any information about them, get the help of local police to get them arrested.
Advocate, New Delhi
file an application before the court for public notification against the accused, if again not appears in the court you should pray for issuance of warrant thereafter attachment.