sonusampatrao (builder) 28 February 2016

Summon for 138

I HAVE SEND SUMMON NOTICE TO TWO ACCUSED IN PATNA. THEY ARE REQUIRED TO PRESENT ON 1 MAY 2016. NOW MY QUESTION IS

1) BOTH ACCUSED WILL COME OR ONLY THEIR LAWER WILL COME FOR 138 CHEQUES BOUNCE CASE ON 1 MAY????

2) WHAT IF BOTH ACCUSED AND THEIR LAWER DONT SHOW UP ON 1 MAY?

3) IF SUMMON IS RETURENED BACK TO SENDER WITH REMARK DOOR CLOSED THEN WHAT WILL COURT DO THEY WILL ACCEPT THAT SUMMON SERVED AND ISSUE BALABLE WARRENT OR NOT AT THAT TIME ???

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3 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 29 February 2016

Both the accused shall have to appear along with their respective sureties . If they don't show up despite service of the summons , the court shall issue warrants against them . In case the door is found locked , the court might order for the service to be made by way of affixatiion

I know not law, but i try to l (Lawyer ) 04 March 2016

The accused will have to appear to seek bail ..Its a bailable offence

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 06 March 2016

ON NEXT DATE THE ACCUSED PERSONS SHOULD APPEAR APPLY FOR BAIL AND FURNISH SURETY AND IF AFTER SERVICE OF SUMMONS THEY DO NOT APPEAR YOU MAY SUBMIT APPLICATION IN COURT FOR ISSUE OF WARRANT . BUT IF SUMMONS ARE NOT SERVED THEN YOU MAY APPLY TO COURT FOR REISSUE OF SUMMONS. GOOD LUCK.

N.B.SAWANT.M.COM.LL.B. ADVOCATE HIGH COURT.