COSEQUENCES OF PROCLAMATION UNDER NIA
Querist :
Anonymous
(Querist) 26 March 2010
This query is : Resolved
CHEQUE BOUNCED FOR INSUFFICIENT FUNDS.NOTICE GIVEN,NOT REPLIED. CASE FILED BUT ALL SUMMONS /BWs/NBs RETURNED UNSERVED AS DRAWER OF CHEQUE HAD LONG BACK LEFT AND SETTLED ELSEWHERE,ADDRESS NOT KNOWN TO COMPLAINANT.COURT DECLARES DRAWER PO AND INFORMS CONCERNED SHO AND IS NOW SUMMONING PWs.WHAT NEXT? CONSEQUENCES/REMEDY FOR BOTH DRAWER AND COMPLAINANT?
Parveen Kr. Aggarwal
(Expert) 26 March 2010
Section 299 of the Code of Criminal Procedure, 1973:
"299. Record of evidence in absence of accused:- (1) If it is proved that an accused person has absconded and that there is no immediate prospect of arresting him, the court competent to try or commit for trial such person for the offence complained of, may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense inconvenience which, under the circumstances of the case, would be unreasonable.
(2) If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India."
Section 174-A of the Code of Criminal Procedure, 1973:
"174-A. Non-appearance in response to a proclamation under Section 82 of Act 2 of 1974:— Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of Section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine."
