Summon-GENUINE or BOGUS-??-
MANOR
(Querist) 14 February 2010
This query is : Resolved
Dear Experts & Mebers,
1) A summon with following details is served, u/s - 138 N.I. Act. -
- - issued in mid.Dec.2009 by ACMM.
- - is 'hand-delivered' by a policeman (ID card shown on demand).
- - on dt.: 22nd.Jan.2010.
- - pertaining to a case No. CC -XXX- / 08 (of 2008).
- - Hearing dt.: March end 2010.
2) Only a photocopy was given of the orignal summon.
3) A senior family member was forced to accept the summon (on behalf of the
addressee) with a clear warning, that, if REFUSED, the same (summon) will be pasted
outside the house and based on this 'refusal' court will IMMEDIATELY issue NBW in
the name of the addressee.
4) Acknowlagement was taken on the ORIGNAL summon, saying that the same has
to be submitted back to the court -!!-.
5) Also, NO "Complaint Copy" was provided -!!-.
The person in who's name the summon is issued, was surprised to see the same,
when he returned home from the work. And to get to know the truth, some efforts
have been put, which are as follows:-
a) The above mentioned policeman was contacted at the police station & he merely
repeated the same, - that he is doing his duty & said, "go to the court - show this
case No. & get the details". Even an A.S.I., who was available at that time,
supported his junior.
(while the purpose of the visit was not solved, however, this visit proved that the
policeman is genuine.)
b) Contacted a lawyer & was shown the summon with a request to get the ' complaint
copy '. He wanted to be ' hired ' first by getting the " vakalatnama " signed. Hence, this
option was dropped.
c) Visited the specified court hall. A lady clerk, in the side room of the court hall,
was shown the summon & requested for ' complaint copy '.
Instead of replying to the request, very surprisingly, she suggested " WHY DONT YOU
"PAY" THE AMMOUNT to AVOID 'ALL THIS' -!!-"
The person who was sent to make enquiry told the lady clerk " Yes, even we want to
' Avoid All This ' , BUT for that we should KNOW - "WHO is ASKING the MONEY
& HOW MUCH - ??"
Lady clerk - " Go and SEE the LEGAL NOTICE sent by the party" -!!-
Our person - " Madam, No Legal Notice has been recd. prior to this summon "
Lady clerk (sarcastically) - " THEN COME ON the HEARING DATE - YOU WILL
KNOW EVERYTHING. I can't reply to 'thousands-of-people' like you -!!- ".
The person came back & narreted the above episode to the family members. Since
hearing dt. is still far away, it was decided to CONTINUE the FACT FINDING. Being
close family friends, the above facts were told to me & I thought of sharing the same
with LCI members & seek your advice -
What I would like to know is -
A) Even assuming that the case was filed in late 2008, WHY COURT HAS TAKEN SO
LONG to issue the summon-??- (issued in mid Dec.2009).
(Note - the addressee has been staying in the current address since 10 years &
hence there can be no reason for delay on that ground)
B) Is it not mandatory to attach a complaint copy with the summon -??-
(CPC-1908 / Order-V).
If yes, then can the summon be SIGNED & SENT BACK. Mark it - INCOMPLET
(or - DEFECTIVE, or - INVALID) & request to "Re-Serve WITH complaint copy".
Such move will show that the PERSON IS NOT AVOIDING THE LAW. Hence
court should NOT initiate any FURTHER LEGAL ACTION (such as issuing NBW) -
till a " DEFECT-FREE " summon is sent.
C) Time provided to respond is more than 100 days-!!- (dt. of issuing the
summon is mid.Dec.2009 & hearing dt. being March end 2010). Is it normal-??-
D) How to diffrentiate between a GENUINE & BOGUS summon.
It's my hunch that some weakness of the system or a legal loophole is being
exploited. I hope LCI Experts / Members will be able to provide an EFFECTIVE
MEANS to common man, to tackle such situation.
May I request your response ,dear experts & members.
Regards -
Arvind Singh Chauhan
(Expert) 14 February 2010
Yes definitely it is uncommon for a general prudent citizen, but it is very common in our country. Sec 204(3) Cr.P.C. provides that every summon or warrant under sub section (1) shall be accompanied by a copy of such complaint. In this situation there is no fault on the part of police, unless there is a foot not in summon that "copy of complaint is attached with this summon", and police is not delivering the copy to him. He should meet with the concerned clerk of court and should request for copy. It is his duty that he should check summon before dispatching the same, if he denies than report to administrative officer or District judge.
Parveen Kr. Aggarwal
(Expert) 14 February 2010
A) After a case of cheque dishonour is filed the court records preliminary evidence and passes order of summoning and only thereafter summons are issued. In your case, there may be delay in issuance of summons for which no fault can be found.
B) CPC does not apply to criminal proceedings. However, as pointed out by Mr. Arvind section 204(c) Cr. P.C. provides for the summons to be accompanied by a copy of the complaint.
C) It is normal in view of the heavy pendency of cases in the courts of MMs. Short dates are not possible.
D) Can be verified by appearing in the Court on the date fixed for hearing.
You may make an application (Even before the date fixed) to the Court and request for providing you a copy of the complaint.
Kumar Thadhani
(Expert) 15 February 2010
I agree with all these experts MR.ARVIND and MR.PARVEN.
MANOR
(Querist) 16 February 2010
Dear Mr. Arvind,
Thanks for that QUICK response & confiming my doubt that complaint copy MUST
accompany the summon. Of-course, police can not be held responsible, as rightly
suggested by you.
In simple terms, it is a ' clear case of OMISSION ' - -
- - BY NONE OTHER THAN THE COURT ITSELF-!!-.
- - AND about IT'S OWN OWN LAID-DOWN PROCEDURES -!!-.
ALSO, you have CONFIRMED my observation about exploitation of 'some weakness' of
the system, i.e., court deliberately not sending the complaint copy with the summon.
Well, the INFO is very valuable and Can-be-Used as EFFECTIVE TOOL.
BUT HOW -??- .
Suggesting the person (who has been already DEPRIVED of his Rights by "UNFAIR
PRACTICE" by court itself) to GO TO same very COURT, to request for (already
requested AND got humiliated - see my query) the complaint copy, ammounts to
further humiliation.
( I have narrated the whole incident - after all, the lady clerk will know that you are
STILL-RUNNING-AROUND to get the complaint copy. And who knows, you may
have to go to HER ONLY to get the complaint copy after ' reporting to Admin.Off.
or Distt.Judge. ' -!!- ....................JUST IMAGINE the HUMILIATION)
I hope you will not mis-understand me - Mr. Arvind - - - -!!!!!
And while I am drafting this reply, I have noticed 3 more replies - by Mr R.K Makkad,
Mr.Praveen & Mr. Kumar Thadhani - Gentelmen, thanks - in - advance. I shall be back
by today evening on your contribution on this subject.
Regards -
