My close relative {both husband(X) & wife(Y)} is facing a court case under section 420&409 IPC.
Case descripttion - X was MD and Y was director in a company ABC. There were 5 other directors. They collected money from general public and promised some good returns at the end of a defined term. The business logic being that they invested the money in a crop and expected very good returns from that. But the crop gave poor results. As a result company ABC was unable to re-pay the debts. Due to excessive pressure from public to refund the money, X issued post-dated cheques and then ran away from the city. Y continued to stay in the same city with his son. Y’s relatives supported her and protected from the public. Police sealed the office and issued a permanent warrant against X. Y faced police and now is on bail. Since X was “faraar”, police added IPC 409 later on; initially case was launched with IPC 420 only. Now, IPC 420 and 409 is operational in this case.
Now after 12-13 years, the son has grown big and wants to free his mother and father from the case. He wants that his father can also come back and they all can live happily together.
In total 1 FIR was filed in the case and 16 other “kathan” were taken by police. The son enquired and got to know that the person who filed the FIR is alive and out of 16 other people – 4-5 have died, 3-4 are missing (not residing on the address as was mentioned in complaint with police) and the remaining 7-8 are alive and present. He wants to negotiate with the complainants and convince them to take the complaint back. But what should be done in the case of people who have died or those who are missing.
Q – How should the son proceed to get his parents out of this case?
Q – Will the dependents of the complainants who have died will be allowed to fight the case?
Q – What will happen to the case because of people who are missing, if they also do not appear for trial when the summon is issued by court?
Please help with your valuable suggestions.
Thanks
