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shakshi rathi   13 September 2022

Service of summons

Summons was sent to accused for offence u/s138 N.I.ACT through Speed Post with AD but the tracking report shows Item Delivery Confirmed at Kolkata GPO and "Item Returned-Addressee Moved". Earlier when the demand notice was served at this address, the same was returned with endorsement "DOOR LOCKED". In such a case please specify whether service of summons will be deemed to be a good service or not and How to proceed in court?

 



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 1 Replies

Dr J C Vashista (Advocate)     14 September 2022

No, it is incomplete service.

Presumably the accused is avoiding service of summons.

Seek permission for substituted service of summons, if it cannot be served through SHO /DCP.

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