Notice under NIA addressee not found

Dear NKA,

INDIAN LEGAL SYSTEM FAVOURS THE CHEAT TO ESCAPE IN ACTUAL PRACTICE. YOUR CASE IS AN EXAMPLE . IN  MY CASE, THE CHEAT HAS SHIFTED HIS RESIDENCE TO UNKNOWN PLACE; HIS FATHER , A RETIRED DSP, IS RESIDING IN HIS OWN HOUSE; HE HAS NOT DISCLOSED HIS NEW ADDRESS  WHEN APPROACHED .THE CHEAT HAS NOT ATTENDED A SINGLE HEARING OR ADJOURNMENT.  REFUSAL OF COURT NOTICE IS VERY COMMON PRACTICE TO ESCAPE.     

I am facing lots of difficulties in tracing out the dafaulters. Notice served but many of them could not be traced out at the address given by the adressee by the postman and returned as not known: return to sender etc. But I am of the view that it should not be  ground to dimissed the complaint at thresh hold by the Magistrate.

Assumi ji,

If you are unable to trace out the defaulters addresses it is better to give Notice in the daily newspapers. It will be treated as Notice to the defaulters.

 Would you like to download this judgement and read:

 CASE NO.:

Appeal (crl.) 1255-1261 of 2004

PETITIONER:

D. Vinod Shivappa

RESPONDENT:

Nanda Belliappa

DATE OF JUDGMENT: 25/05/2006

BENCH:

B. P. SINGH & R.V. RAVEENDAN

 you can file the appeal against the order of the MM, as the notice deemed to be served upon the accused/respondent  and Megistrate can not dismissed the complaint on this ground alone.

Subhash Kumar, Adv

 Cannot, but has done. This is how law is administered in this country. Justice Bilal Kazi talked of incompetency. One more example.

 Where ignorance is bliss, what Supreme Court can do?

Dear,

I agree with Advocate subhash Kumar.This is the only way.