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supraven (asda)     08 December 2009

Cheque bounce Summons delivery

Dear pros,

I have a cheque bounce criminal case filed against my opponent.

Its been in the court for over 2 years and the the court/lawyer are not able to deliver the summons to the party for the last 2  years.

Now I have the summons with me.Can I deliver the summons with local police to the accused or

the summons should be delivered only through my lawer/court?

Please do throw some light on this.

My lawyers says that there cant be progress until the summons are served.

The accused ,ofcourse is not accepting any summons as he is aware that they are from the court

How do I break this deadlock?

Can t the court do anything until the summons are delivered?

What are the options before me?

 

Thanks for ur time and advice

praveen



Learning

 3 Replies

Daksh (Student)     08 December 2009

Mr.Praveen,

From your post I can make out that the summons are Dasti Summon and the accused is evading the same somehow.  My suggestion to you is that make a written representation to the local police station that you are going to serve the process of the Court as per the Court's direction and necessary protection may kindly be accorded.  Secondly engage a Notary or request your lawyer to come along with you then you can identify the accused and state the fact of acceptance or refusal of the process of service by way of an affidavit.  Last but not least get the Summon copied and paste the same on the last known address of the accused take a photograph and produce all these details before the Court so that it can take the case to its logical conclusion.

SANJAY DAS (SERVICE)     09 December 2009

Dear pros,

I have a cheque bounce criminal case filed against my opponent.Its been in the court for over last feb 2009 and the the court/lawyer are not able to deliver the summons to the party for the last 3 months.if i proceed with server i founf party closes its shop. also changed his previous address. he is seen while passing through market or road. my house is far from his shop. my  advocate told me without serving court summon no progress will be made.

How do I break this deadlock?

Can t the court do anything until the summons are delivered?

What are the options before me?

 

Thanks for ur time and advice

Advocate.S.A.Siddiq (Advocate)     10 December 2009

send summon through court by registered post  u/s 63 cr.p.c

or serve the summon copy hrough the local police u/s 62 cr.p.c

or serve the summon to respondent / accused family member  u/s 64 cr.p.c

or paste the summon before the accused house u/s 65 cr.p.c

or the accused living in out of juristiction of trial court send summon to concern j.m. court u/s 67 cr.p.c

================ better way send summon through court by regd.post .... approch your lawyer 


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