CRIMINAL PROCEDURE AND EVIDENCE ACT [Subsection substituted by s. 31 of Act No. 2 of 2016] (3) When the prosecution is a private one, the indictment shall be in the name of the party at whose instance it is preferred (who must be described therein with certainty and precision) and must be signed by such private party or by his legal representative. (4) It shall not be competent for two or more persons to prosecute in the same indictment, except in a case where two or more persons have been injured by the same offence. (5) The service upon an accused person of any indictment, together with any notice of trial thereof, shall be made by the person and in the manner provided by rules of court. (6) When a person under the age of eighteen years is served with an indictment and notice of trial as aforesaid, the provisions of section 113A shall apply, mutatis mutandis: Provided that where any reference is made to a direction by a magistrate, that shall be read as a reference to a direction by a judge. [Subsection amended by s. 49 of Act No. 2 of 2016] 137 When case is pending As soon as the indictment in any criminal case brought in the High Court has been duly lodged with the registrar of that court, such case shall be deemed to be pending in that court. 138 High Court may try case wherever offence committed Any person charged with committing an offence at any place may be tried by the High Court, wherever sitting. B. Summonses and charges in magistrates courts 139 Lodging of charges in magistrates court Where a public prosecutor has, by virtue of his office, determined to prosecute any person in a magistrates court for any offence within the jurisdiction of that court, he shall forthwith lodge with the clerk of the court a statement in writing of the charge against that person, describing him by his forename, surname, place of abode and occupation and setting forth shortly and distinctly the nature of the offence and the time and place at which it was committed. 140 Summons in magistrates court (1) The clerk of the magistrates court shall, upon or after the lodging of any charge, at the request of the prosecutor, issue and deliver to the messenger of the court a summons to the person charged to appear to answer the charge, together with so many copies of the said summons as there are persons to be summoned. (2) Except where otherwise specially provided by any enactment, the service upon an accused person of any summons or other process in a criminal case in a magistrates court shall be made by the prescribed officer, either by delivering it to the accused personally or, if he cannot conveniently be found, by leaving it for him at his place of business or most usual or last known place of abode with some inmate thereof. (3) The service of a summons may be proved by the testimony on oath of the person effecting the service or by his affidavit or by due return of service under his hand. (4) If, upon the day appointed for the appearance of any person to answer any charge, he fails to appear and the court is satisfied upon the return of the person required to serve the summons that he was duly summoned, the court may, on the request of the prosecutor, issue a warrant for the apprehension of the said person, and may also impose on him for his default a fine not exceeding level three or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment. [Subsection amended by s. 4 of Act No. No. 8 of 1997 and s. 4 of Act No. 22 of 2001.] (5) The court may, upon cause shown, remit any fine or imprisonment imposed under subsection (4). (6) When a person under the age of eighteen years is summoned as aforesaid. the provisions of section 113A shall apply, mutatis mutandis. [Subsection amended by s. 49 of Act No. 2 of 2016] 67