Summons to Accused 138 N.I Act
Sujit J Pathak
(Querist) 25 July 2009
This query is : Resolved
Reaaly grateful to experts to spare few minutes from their busy schedulke to solve my query. If summons received by wife doesn't amount to valid service then every accused will use this to delay court proceedings.What is Apex court's view on this issue? Citations will be very helpful. Thanks in Advance.
Kiran Kumar
(Expert) 25 July 2009
pls make some more elaborations in ur query.
Sujit J Pathak
(Querist) 25 July 2009
In a case u/s 138 of N.I Act summons was been issued by M.M Court Mulund, Mumbai. On the date specifeid in summons for appearance of acccused he didn't attend and summons report showed that it was received by wife of accused.The M.M judge refused to issue warrrant against the accused acccused stating that as summons is received by wife its not a valid service and directed to make an application for fresh summons. This procedure will take another 1-2 months causing undue duly. Is there any judgement contradiccting this view of M.M judge?. Kindly state any citations. Thanks in Advance
Somnath mukherjee
(Expert) 25 July 2009
THAT THE APEX COURT VIEW IS QUIT CLEAR THAT IF ADRESS IS CORRECT THEN IT IS A VALID SERVICE
Sujit J Pathak
(Querist) 25 July 2009
If u can plz provide me with citation of the judgement which lays down the view If address is correct it's a valid service. Thanks in advance.
Sujit J Pathak
(Querist) 26 July 2009
If I make an application for fresh summons & once again the summons is received by wife of acused then M.M Judge will refuse to issue warrant under the pretext of invalid service of summons. Is there any judgement of Apex court or Bombay high court remedial in my case. Thanks in Advance.
