Whether court may issue bw/nbw without service of summons
Rizwan Khan
(Querist) 24 July 2013
This query is : Resolved
I have filed a case under 138 ni act against the proprietor of a firm. Court has summoned him more then 3 times. last time summoned returned with a postman's comment that the firm has been closed. Now, court is asking about the law in the matter that what to do.
kindly suggest me whether court may issue bw/nbw without service of summons. kindly suggest laws under 138 ni act.
ajay sethi
(Expert) 25 July 2013
find out his residential address . if the current address is closed the accused must have shifted elsewhere . on service of summons if accused does not appear then bailable warrant can be issued
Rizwan Khan
(Querist) 25 July 2013
Thank you very much sir for your quick reply. i also want to know, can i submit his residential address before the court for issuance of summon at a new address. Whether court may declare him absconded. please refer the law.
ajay sethi
(Expert) 25 July 2013
where is question of declaring the accused an absconder? here summons has not yet been served on accused . it is advisable that you spend some time reading criminal procedure code .
Rizwan Khan
(Querist) 25 July 2013
Thanks a lot sir for your answer and kind advice.
