msvg 26 July 2016

NI -138 - condone delay judgements

Hi All,

For the NI-138 case to be filed we had 30 days delay. So we went for condone delay appeal with proper and accepatable reason. The summons of condone delay were sent to respondent couple of times.

For the first time via registered post , we got reply that the respondent left the place.

So the megistrate judge asked us , how you people will serve condone delay summons , if respondant keep on changing address. Also he adviced that there are judgements existing from supreme court , for accepting the condone delay appeal , in such cases where the people keep on chaning address / not traceable / left the place.

We already sent the summons second time also to respondant via registered post , but no luck for us.

The curent situation is the repondant is not at his place (Rental(Rental Aggremment)/Native(Aadhar card address)) and repondant is neither unclaiming or rejecting or refusing the summons.

So kindly help me with supreme court/ other court's judgements- where the respondant is not located at speciifc address / Left India / Not accepting the summons , so that it will help in my case for accepting the delay of condanation petition and going forward for and Oath and filing NI138 main case infront of respectful megistrate judge.

Thanks a ton in advance.

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6 Replies

adv.bharat @ PUNE (Lawyer) 26 July 2016

Search SC website.

Sood 26 July 2016

Y dont u ask for nbw????for further pm me

Pawan S (Advocate) 27 July 2016

Let me know about the judgement first.

R Trivedi (advocate.dma@gmail.com) 13 August 2016

I presume that you sent the notice etc in time but failed to lodge the complaint in time....if magistrate is convinced with the reasons given then law provides him to condone the delay. It is nonsensical to issue summons to accused for this. Which accused will say...your honor take cognizance, I have no problem. Sick, incompetent and perverse. On the next date ask your lawyer to push for cognizance as accused cannot be summoned at this stage under S.138. Show the law book to learnd magistrate.

R Trivedi (advocate.dma@gmail.com) 13 August 2016

arpit shukla (,) 16 August 2016

CRPC section clarifies this as 65. Procedure when service cannot be effected as before provided. If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.