07 September 2019
One of the accused director( Second director),who is the wife of First director ( Who is main accused of 138 NI case) has shifted in a country with her daughter from which India has no extradition treaty ( or say missing ) . Enjoying life with cheated money & doing job in an educational institutes of other country ( or say missing ). First director, who is main accused in 138 NI case is enjoying life in India with more than 20 cases of 138 NI act on his head . His lawyer is Submitting affidavit in District court that his wife is missing hence accused first director is unable to attend the court on Pesi .Police is unable to serve summon to accused director who is living in other country or we can say missing . First accused director has not reported or filed any complaint in police station for his missing wife. Is court helpless? What will be the next course of action ?
12 September 2019
1. In such scenario, instead of the entire case becoming legally stale or case transferred to "dormant case status" the complainant can withdraw allegation against missing director and 138 cheque bounce case can proceed against the available accused-director. There is no bar to it, u/s 141 of the N.I. Act.
19 December 2019
Every accused has its own role in any particular case and he is punished accordingly. Even if second accused is allegedly missing, there is no legal hurdle to proceed against first. The second accused can be proceeded with proclaimed offender under the provisions of section 82 of Criminal Procedure Code.