B. Padmaraj, J.— The following questions of law have been referred to this Bench for decision by an Order of the Hon’ble Chief Justice.

1.Where for a considerable period the accused cannot be apprehended, despite efforts by Court, whether case against him may be separated in terms of Rule 2 of Chapter IV of the Karnataka Criminal Rules of Practice?

2.Whether substituted service is permissible in a criminal case?

3.Whether an accused can be proceeded ex parte and a decision may be given ex parte regarding his guilt or otherwise of the matter?

2. The above reference to this Bench arises this Way:

A complaint petition came to be filed by the complainant under Section 200 of Cr.P.C. against the 12 accused persons alleging the commission of offence under Section 138 of the Negotiable Instruments Act before the trial Court. The accused No. 1 in that case is the company and the accused No. 2 to 10 are the Directors of the said company who are alleged to be the persons-in-charge of the day-to-day affairs of the said company. The accused Nos. 11 and 12, who are the respondents herein are the employees of the first accused/company. The first accused company has issued two cheques in fav