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niranjan (a)     03 August 2010

Deletion of name of the accused

An officer of the company is shown as an accused instead of the representative of the company. the same officer left the services of the company and is now not available. However, the court issues warrant against the officer due to his absence. The warrant was issued at the company's address. What are the options the company has to remove the name of the officer from court records?

Questions:

Can the company make an application for removal of the name of the officer from court records?

How the warrant issued against the officer should be cancelled considering no information is available in respect of him and there is a possibility that a non-bailable warrant may be issued against the official in the company's address without mentioning name of the accused?



Learning

 7 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 August 2010

to :  niranjan

 

1.  One latest Resolution of the BOD, appointing XYZ as "Legal Representative" (LR) for matter relating to case no. 0000 at    XX Court no. 00000.

 

2.  BOD undertaking letter to court that co. will abide by court order on statements recorded of XYZ and further company is ready to file bond amount on failure of XYZ to appear in court.

 

3.. Application to court, with above Co. resolution + BOD undertaking + statement stating that original accused-employee  is no longer in company service and hence does not have authority to represent company and that XYZ is appointed as LR for the matter.

 

4.  Court will consider the above application + annexures and substitute name of accused-employee with XYZ as LR.

 

5.  HOWEVER,  if the accused-employee is a Chairman or a Mg.Director,  then court will not entertain the above application till warrant is executed and accused is present in court.

 

Keep Smiling .... Hemant Agarwal
 

Rajeshwer Rao (ADVOCATE PRACTICE)     08 August 2010

Whether the case is filed against the company or the person?

If it is for any personal dispute, then all you have to do is submit information to the court that such person is no more in your employment and proof of the same.

it is against the company, then follow our friend Hemant's advise.

SANJAY GUPTA (Advocate)     17 August 2010

a court can not issue a warrant of arrest againt the legal representative of the accused company. Take a resolution by appointing new person to represent the company, stating facts that earlier representative left your company. warrant of arrest shall recall.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 August 2010

In such complicated matters you have to appear in shoes of the accused and apply for not only  NBW but also the complaint.

You may to go in revision but you will suceed.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 August 2010

There is recent Tamilnadu HC judgement that the NBW in NI 138 cases can not be issued as a routine. People facing such problems pl contact me with all relevant documents and we will suggest way out.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 August 2010

Will any body please post Judgment of Madras High court by Justice  A K Rajan in the matter of R Sarathkumar in this matter for benefit of all0

RATNADEEP D JOG (COMPANY SECRETARY)     17 March 2011

Sir

 

Refer your reply to an interesting quetion which has importance to all the corporates.

Pl clarify if the procedure suggested will apply in all types of criminal cases viz. Negotiable Instruments Act, Essential Commodities act, Factories Act, Pollution acts etc.

Thanks

R D JOG

 

 


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