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Meenakshi (Lawyer)     12 April 2010

Default in submission

In the case of s138.what if the accused is only served with summon anda copy of the complaint but failed to attach the exhibits?

Its by RPAD and very easy to do something like that...

Isnt it against the CRPC?



Learning

 2 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     12 April 2010

it is compulsory to provide with copy of plaint.

the same has to be brought in notice to the court and as a matter of fact as summons is served party should go to court on such date and should demand such papers.

it is definately against the CRPC. and the same should be brought forward in notice to the concerned judge as there is always a point in the summons to defend or answer such allegations as your client have not received copy of plaint he  is entitled to receive the same. 

niranjan (civil practice)     12 April 2010

Neither in civil nor in criminal, the documents annexed with the plaint are not tobe sent to the oppparty.


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