prot0410@ 14 August 2016

What if summon is not delivered in due course of time?

Dear Sir,

I heard from my concerned Advocate that the Magistrate has issued a summon to the accused couple (who has financially cheated on our family to some severe extent) and that the summon was despatched on 1st August (Saturday). The couple lives in Mumbai suburbs, whereas we live in a suburb in Bengal. The date when that wretched couple is due to appear before court is 18th August. They are yet to receive the summon, else they would have called us immediately. We have 3 consecutive holidays 13th to 15th August. I am very apprehensive whether the summon reaches them in due course of time, at least a day before 18th August. How can I track the status of summon issued to them?

Is it really possible that it might not reach them in due course of time? We won't be getting the next hearing date before a month. What can I do then? Please help.

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4 Replies

adv.bharat @ PUNE (Lawyer) 14 August 2016

Don't worry about it, summon will reach them in time.

What matter if they don't appear then court again issue summon to them.

U can take next date as per ur convinance time.

If u like my suggesation then give THANK on my LCI profile.

Regards

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prot0410@ 14 August 2016

Dear Sir,

I have three final queries. Shall be highly obliged if you take some time out of your valuable schedule, to answer these.

1) Since this is a criminal case that I have filed against this couple, can I request the Honorable Magistrate to directly issue a non-bailable arrest warrant against them, if they ignore this summon through Cr.P.C.?

2) I have at least 400 audio recordings of phone call conversations with them (recorded through call-recording software), where they have blatantly confessed about taking money from us. Moreover, there are vivid video recordings (taken through good mobile cameras) that they've taken money. Can these evidences be used against them?

3) They have taken all money through internet banking, so proof is already there. I have all bank statements ready. Can they deny that they've taken it?

Regards.

P. Venu (Advocate) 15 August 2016

Serving summons in such cases has some inherent constraints. However, the procedure provides remedies; have patience. You cannot rush with the procedure.

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LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 15 August 2016

Unless you can prove that the accused is avoiding service of summons no NBW can be issued.

Whether it is private case or police has filed the complaint. In private cases service of summons is main hurdel.

And if summons is refused than there after there will be first bailable warrant and there after there will be non bailable warrant.

In West Begal even a normal advocate is expert in getting relief to the accused. The service of NBW can be stayed by local court even on minor issues such as no copy of the complaint is arrached , even if attached all the evidence documents are not attached or it is not in english and the summons is also not in english or it does not give complete details of the parties and so on and on.........

Your recordings have no relevance at this stage , you have to produce them at the time of trial..

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