Summons under charges u/s 406 and 420 of IPC
sushil bhatt
(Querist) 23 June 2011
This query is : Resolved
Dear Experts,
I have received summons from the Court of ACJM for the charges u/s 406 & 420 of IPC on a Criminal Complaint filed by a Company against five companies including mine for appearance before the court on next date in person or through a pleader.
My compnay and me being a Director are made accused. The complaint purely covers under civil dispute arising out of a contract.
What can be done in the present situation....... Should I go and approach the High Court for quashing the summoning orders u/s 282 or opt any other recourse u/s 239.
Any citation would be helpful. Pls advise.
sushil bhatt
(Querist) 07 August 2012
Pls advise, what would be the appropriate recourse (1) to file petition u/s 482 or move an application u/s 239 of cr.pc. Since the dispute between the parties is purely arising out of a contract for non payment of contractual amount and it can be termed as civil dispute instead of criminal dispute, how effective the recorse of section 239 would be.
Also pls advise generally what the courts used to do in this kind of matters as far as the personal attendance of the accused is required. Can I appear through my pleader only. Can I file an application for permanent exemption from appearance in the matter.
