arvind mahajan (advocate) 03 July 2010

u/s138

I filed two cases u/s 138 against a builder in May2009 & summons have have been sent by regd post. What would be the next steps in this case if, the accused manages to evade the service of notice, whether the summons sent thru regd post are valid discharge?

Further, I have come to know that the accused has been arrested and is being tried in another case u/s 138 in patiala house. But unable to find the court. Pls advice the way to get decision at the earliest.

Does it mean that if the summons receive undelivered then we can't proceed even if the accused is being tried in another case(s)?

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4 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 03 July 2010

now adays if you sent it thru registered Ad at the best knwon address even if the post returns as left it can be continued for the further.

adv. rajeev ( rajoo ) (practicing advocate) 03 July 2010

Inspite of service of summons accusd remained absent then you can submit the court to issue NBW. If he appeared before the court he will have to apply for the bail. NI Act is bailable offence, bail will be granted to the accused.

Sanjeev Kuchhal (Publishers) 04 July 2010

Even if the accused manages to evade the service of notice, if the address is correct, it is considered as a deemed service under the provisions of General Clauses Act,

Basavaraj (Asst, Manager-Legal) 06 July 2010

Yes I strognly agree with Mr.Sanjeeve.

It is normal proceudre in sending summons to accused to call upon to appear on date fixed.

All time you need to send the summ only by RP/AD, even accsued does not receive the same or refuse to accept the post master will write the reason whatever. If accused refuse the same, just show the court and claim for NBW thats it. At any time non-service of summ doest not invalidate the case.

In case he left the address means, send the last known address once again.