Negotiable instruments act
NOTTAM VENKATASAMY
(Querist) 14 December 2011
This query is : Resolved
ONE PERSON FILED A CASE AGAINST ONE COMPANY AND ITS 2 DIRECTORS,THE 2 DIRECTORS ARE ONE IS FATHER AND ANOTHER IS ELDER SON,FROM THE BEGINNING THE SON WAS NOT RECEIVED THE NOTICE AND ALL PROCESS, IN BETWEEN THE JM IS ORDERED TO PRIVATE NOTICE THAT IS ALSO NOT RECEIVED BY THE SON THE COURT ALSO ORDERED TO PAPER PUBLICATION THAT PUBLICATION ALSO EFFECTED AND WARRANT ALSO DECLARED BUT THE FATHER ONLY KNOWS HIS SON. IN THIS SITUATION THE COMPLAINANT WANTS ANY POSSIBLE TO CONDUCT THE TRIAL WITH OUT THE SAID SON,WHETHER ANY CITATION OR PROVISIONS AVAILABLE IN THE ACT.
V R SHROFF
(Expert) 14 December 2011
If cheque was signed only by father, I suggest to drop proceeding against the son, and proceed with the matter.Father & Co,. is enough for Complainant. It will expedite the matter.
If you insist for son, take steps, try whereabout, serve summon.
Adv Shroff
14-12-211
Raj Kumar Makkad
(Expert) 14 December 2011
As despite of the paper publication, accused no. 2 (son) has not come present before court so he should be declared as absconder and copy of such order should be sent to the Registrar of Companies and Company law Board so that the registration of the company may got cancelled. I think accused no. 1 (father) shall not remain moot spectator in such situation and he shall ensure the appearance of his son in this case.
It is not good to surrender rather use heavier tool/dose to kill the mosquito.
ajay sethi
(Expert) 14 December 2011
it appears son is deliberately avoiding summons to delay trial .unless plea is recorded trial w ont start . better to drop son as accused . agree with shroff
prabhakar singh
(Expert) 14 December 2011
All suggested here is possible in your case choose any of ways and proceed.
Devajyoti Barman
(Expert) 15 December 2011
Yes the replies are all made in right legal approach.
Shonee Kapoor
(Expert) 15 December 2011
Agreed with Ld. Mr. Shroff and Ld. Mr. Makkad,
use any of the approach as you deem fit.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 15 December 2011
Shri Makkad's advice can at best be made use of by getting the son declared as absconder.
