karthika (Advocate) 07 February 2011

Liability

In a Criminal Complaint, the complainant has impleaded a Foreign Director as a party to the proceedings in his personal capacity and leave the compnay what are all the procedures to be followed for issuing summons by the Court? Assuming if the Foreign Director left India after service of summons but without appearing in the court on the hearing date what will happen? Also If the company is not a party to the proceedings how the Complainant proceed further? what is the option for the Company whether they have to file an impleading petition to implead them as a party to the proceedings or the complainant can amend the complaint.

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Samir Jha (Advocate) 07 February 2011

It is necessary to implead the company as a party to the Complaint and also other directors if they have any role in the commission of the offence. As you have said that it is a complaint case, hence you will have to file process fee in order to enable the record keeper to issue summons. You can also get a copy of summon dasti, which can be served in person.

Secondly, if the Director leaves the country after service then either he through his attorney will file for his exemption or warrants will be issued against him. If still he fails to appear then action u/s 82/83 Cr.P.C will be taken against him.

The court of Metropolitan Magistrate do not have power to review their own order but an application for impleading the company as a party can be made but keep in mind that then you also have to change the nature of complaint a bit so that it can be shown that director acted on behalf of the company and in what manner offence is committed by company through its director.