suresh mittal (sr manager) 21 December 2009
IF after filing complant u/s 138 of NI ACT , notices sent to opposite party, by ordinary method and regd post, and returned with remark 'party not found or left the place' than what is the method of service of notice to the party as there is no provision in law, for publication of notice in newspaper in such cases. CAN ANYBODY TELL ME ANY JUDGEMENT OF HIGH COURT OR SC clearinfying on this point.?
sc mittal
MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 21 December 2009
If you are sure that party is very much available at the address mentioned in the summon but avoiding to get served, then you can seek to serve summon through police.
Swami Sadashiva Brahmendra Sar (Nil) 22 December 2009
Mr Sundaram is right. The court should issue non bailable warrant.
amarendra (lawyer) 22 December 2009
sorry mr. tripathy mr. sundaram refers to service of process through police not about issue of n b w
amarendra (lawyer) 22 December 2009
mr. mittal i am also facing similar problem as a matter of fact the magsts are very reluctant to issue even b w even after knowing that accused is avoiding service of summuns .at any rate pls go through a decision of the apex court reported in AIR 2007 (sc) 2083 which says that n b w can be issued even in a civil suit to ensure presence of a party.
MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 22 December 2009
thank you amarendra sir for the citation
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