LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shyam (Manager)     19 January 2010

138 Summons served through Embassy

Hi,

On a 138 case,the accused didnt accept the notice since he was out of country.Summons and Warrants were issued & it couldnt be executed since the accussed was absconding out of country.At this point the physical address of the accussed have been explored and a request has been put up to the court to execute a warrant to the overseas address of the accussed.

Could any one advise the next step the court would take? will a warrant be issued to the overseas(gulf) address of the accussed or will court initiate steps for issuing a summons on the overseas address of the accused?

1) if the court will only issue a summons to the gulf address of the accussed, what would be the status of the previously issued Warrant? will it be recalled by default by the court or will it continue to exist?

2) What is the exact procedure to serve the summons through the embassy in Gulf? if the court issues the order,should it be processed through the external affairs ministry in Delhi?what are the charges involved?since this is a pvt complaint using the govt missionary,will there be any charges extra to be paid by the complainant?

Any urgent advise will be really helpful.

Thanks.



Learning

 1 Replies


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail..adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING SERVICE OF SUMMONS TO ACCUSED AND REMEDY

1.NEGOTIABLE INSTRUMENTS ACT SECTION 138  CASE IS CRIMINAL CASE AND SUMMONS ARE TO BE SERVED THROUGH THE POLICE AT LAST KNOWN ADDRESS OF ACCUSED.

2.KINDLY NOTE THAT ACCUSED IS ABSCONDING AND IS ABROAD.

3.UNLESS SUMMONS ARE SERVED IT WILL NOT BE OF ANY USE TO YOU TO RECOVER SAID AMOUNT.

4.YOU MAY KINDLY SEND DETAILS OF THE MATTER WILL HELP YOU

5.YOU MAY FILE A CIVIL SUIT INSTEAD ENCLOSING ALL DOCUMENTS  WITHIN LIMITATION PERIOD AND ISSUE NOTICE TO RESPONDENT AT LAST KNOWN ADDRESS .AND ALSO PRAY FOR PUBLICATION OF NOTICE IN LOCAL NEWS PAPERS.IT WILL AMOUNT AS SERVICE OF NOTICE .

6 IN CASE RESPONDENT IS NOT APPEARING IN COURT ,THE MATTER WILL PROCEED EXPARTE AND JUDGEMENT AND DECREE WILL BE PASSED IN YOUR FAVOUR.

7 YOU MAY FILE APPLICATION FOR EXECUTION OF SAID JUDGEMENT OF CIVIL COURT AND FILE A DARKHAST FOR EXECUTION OF SAID JUDGEMENT AND PRAY FOR ATTACHMENT OF PROPERTY OF RESPONDENT AND ALSO PRAY FOR ARREST WARRANT FOR RECOVERY OF JUDGEMENT AND DECREE AMOUNT.PLEASE NOTE.

IN CASE YOU NEED ANY FURTHER HELP .KINDLY SEND DETAILS WILL HELP YOU

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register