Mahendra Vadia (B. Com. LL.B.) 06 December 2013
By taking cognizance court issued a notice to accused. Notice issued and sent for service to accused's address through police, but police returned the notice unserved with a remark, accused not found, and does not reside at the address mentioned. How can we serve the notice by substituted service? Is it possible to publish it in News Paper at complainant's costs?
SHIRISH PAWAR, 7738990900 (Advocate) 07 December 2013
As you stated service of notice on accused it seems that it is criminal litigation and police report is does not reside at the address given, then in this case you have to furnish another address of accused. Only in case where accused aviod for notice then you can apply for alternate mode of service.
Mahendra Vadia (B. Com. LL.B.) 07 December 2013
As per reported judgment of K. Chandrasekhar V/s. Mac Charles India Limited, (2005 Criminal Law Journal Page 1120) proceedings under Sec. 138 of N.I. Act are quasi-criminal in nature and procedure for substituted service of notice as depicted in Civil Procedure Code may be adopted by courts in criminal proceedings. The notice may be sent by registered post A.D. / Speed Post or through approved courier. The notice can also be published in newspaper.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 08 December 2013
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