Civil Procedure code
Jithendra.H.J
(Querist) 04 March 2009
This query is : Resolved
A case is filed uunder section138 of NI Act, the accused examined himself as DW1, he filed witness list, the court ordered to take hand summons to the witness, the hand summons was not prepared in the office, but the court after two hearing closed the defence side evidence posted for arguments stating that the accused neglected to recieve the hand summons, acutallyit was not fault of the accused, the accused preffered revision before the District Court. the complaint intentionally evading the sevice of notice to get the complaint disposed off.
what is your suggestions to the accused.
anantha krishna n.v. Advocate
(Expert) 07 March 2009
If you send the summons to the known correct address by Registered post acknowledgement due with proper postage prepaid, even if the cover is returned as refused or not claimed it is sufficient a proof of service as per general clauses act.
have u done so? if not just do it.
anantha krishna n.v. (Advocate AP High Court, Hyderabad, ananthcourt@rediffmail.com, 9246531895)
AEJAZ AHMED
(Expert) 07 March 2009
Rightly advised by Mr. Anantha Krishna, if the Postal Cover containing Court Summons issued by the Magistrate of the Court and the same is Returned as Refused or Un-Claimed by the Respondent/Complainant then it will be considered as sufficient proof of service of summons on him.
V.V.RAMDAS
(Expert) 08 March 2009
Mr Jitendra,
Your question is not clear, whether you have prefered the revision against impunged order or final order? Secondly would you like to examine the complainant as witness on your behalf or to whom you want to examine? Plese let me know.
