Criminal case against a client and summon issued
We run an IT company. There is a criminal case against one of our clients.The Belgum court sent the summons as a witness to both the Directors..Is it necessary to attend by both of us ? What law says about this ?
If the person is evading summons or absconding – the court considers it as a violation of its due process and can take serious actions like issuing a warrant in your name etc. It is always advisable to report to the court, as and when called upon and cooperate with the authorities. There is no harm in attending the court. However, in a case otherwise – can create a damage. Also, it gives the court a hint that the reason why a person is not appearing before the court is that he/she might have actually committed the offence in question.
Non-appearance of the party in the court after being served with a summons qualifies to be charged with Section 172 and Section 174 of the Indian Penal Code. Both punishable with one month imprisonment and 500 rupees fine. Section 174 – Non-attendance in obedience to an order from public servant. Section 172 – Absconding to avoid service of summons or other proceeding.
Depending upon the nature and gravity of the offence, one can mark appearance in the court through his/her legally appointed pleader also.
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