returned cheque
satish
(Querist) 06 August 2010
This query is : Resolved
RESPECTED SIR
I HAD ISSUED A NOTICE u\s 138 IPC AND THEN SUMMONS TO A PARTY IN KERALA ,THE COURT HAD GIVEN ME A DATE OF 4th AUG 2010 i.e AFTER 8 MONTHS ,BUT WHEN I WENT TO THE COURT THE COURT SAID THAT THE SUMMONS REPORT HAS NOT YET BEEN RECEIVED BY THE COURT SO GAVE ME ANOTHER DATE ON 16.11.2010 SAYING THAT THE REPORT MAY BE ON TRANSIT.WHAT TO DO IF STILL THE REPORT WILL NOT BE RECEIVED BY THE SAID DATE ,WILL ISSUING NEW SUMMONS TAKE ANOTHER 8 MONTHS ,ALSO THE PARTY WHICH HAD ISSUED THE CHEQUE HAS SOLD THE SHOP AND HAS SHIFTED TO ANOTHER ADDRESS ,SO PLEASE GUIDE ME AS WHAT TO DO :
1.IF THE SUMMONS REPORT IS NOY RECEIVED BY 16.11.2010.
2.WHAT TO DO IF COURT GIVES ANOTHER DATE.
3.IF THE PARTY HAS CLOSED THE SHOP
4.PARTY SHIFTED TO ANOTHER ADDRESS .
PLEASE GUIDE ME
THANKING YOU .
B.R. BHALLA, ADVOCATE
(Expert) 06 August 2010
This is a normal practice in the cases u/s 138 NI Act. Services are deliberately avoided by the accused. Please keep a track on the latest address of the party. Can use the service of Process Server to serve the notice. Finally you can request the court to get the service effected through Police/SSP in which case the service is effected.
satish
(Querist) 07 August 2010
THANKS FOR THE REPLY
BUT SIR IF I DONT KNW THE PARTY ADDRESS IS THERE ANY ANOTHER WAY.AND ALSO IS THERE A NEED TO ISSUE A FRESH SUMMONS .
PLEASE REPLY
THANKING YOU
B.R. BHALLA, ADVOCATE
(Expert) 11 August 2010
There is a mechanism for service of notices/summons. Notice or summons are first to be served by hand at the address of the accused. If failed, then by registered post/speed post and if that too fails, the by affixture at the last known address. Obviously, to have the service effected the complainant must know the last known address of the accused party. Until you are able to assist the court on this account, nothing will happen and case will remain pending.
