(3)Any person refusing or omitting to deliver the certificate as required by sub-section (2), may, by order, be summoned by [any Judicial Magistrate of the first class or any Metropolitan Magistrate, as the case may be,] to appear before him and to be examined touching such refusal, and if the person is proved to have absconded so that the order of such Magistrate cannot be served on him, or if he persists in not delivering up the certificate, [the said Magistrate] [ Substituted by Act 12 of 1983, Section 17 and Schedule, for " the Magistrate" (w.e.f. 18.5.1983).] shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed, or as near thereto as circumstances permit.
