sec.116Court may proceed in defendant’s absence in certain cases

### sec.116 Court may proceed in defendant’s absence in certain cases Where the defendant does not appear before the court in obedience to a summons issued in relation to a complaint under this Act or on any day to which the hearing of that complaint is adjourned, the court may, upon proof that the summons was duly served on the defendant a reasonable time before the day appointed for the defendant’s appearance— issue a warrant for the apprehension of the defendant, and adjourn the hearing of the complaint until the defendant is brought before the court; or proceed to hear and determine the complaint in the absence of the defendant. Where a warrant has been issued under this Act for the apprehension of a defendant (whether in the first instance or upon the defendant failing to appear as aforesaid) and the court is satisfied that, after strict inquiry and search, the defendant can not be found, the court may proceed to hear the complaint in the absence of the defendant. The inquiry and search made for the defendant for the purposes of this section may be proved by the evidence given orally or by affidavit of the person or persons who made such inquiry and search. (sec.116-ssec.1) Where the defendant does not appear before the court in obedience to a summons issued in relation to a complaint under this Act or on any day to which the hearing of that complaint is adjourned, the court may, upon proof that the summons was duly served on the defendant a reasonable time before the day appointed for the defendant’s appearance— issue a warrant for the apprehension of the defendant, and adjourn the hearing of the complaint until the defendant is brought before the court; or proceed to hear and determine the complaint in the absence of the defendant. (sec.116-ssec.2) Where a warrant has been issued under this Act for the apprehension of a defendant (whether in the first instance or upon the defendant failing to appear as aforesaid) and the court is satisfied that, after strict inquiry and search, the defendant can not be found, the court may proceed to hear the complaint in the absence of the defendant. (sec.116-ssec.3) The inquiry and search made for the defendant for the purposes of this section may be proved by the evidence given orally or by affidavit of the person or persons who made such inquiry and search. - (a) issue a warrant for the apprehension of the defendant, and adjourn the hearing of the complaint until the defendant is brought before the court; or - (b) proceed to hear and determine the complaint in the absence of the defendant.