Summons issued but the accused about to leave the city

The summons are yet to be served, nothing can prevent the accused to shift from the city, however, keep a track and filed amended address of the accused if the summons are returned "unserved"

But how can a person keep track of someone ? Will it not be an intrusion in the privacy of the accused? particularly if the accused is also a Female?

Is Law so helpless that it cant take remedial action for any wrong that is certain to happen and is brought to the knowledge of the court!

The accused stays in a rented premises, and he has told the landlord that he will vacate on 30th Nov.

the court have power to issue warrant against the accused if the accused will not appear before the court after service of summon.

Dear Nadeemji

Here the issue is different! The accused is likely to leave the address (and also the city) and the complainant and no one knows where is he/she is going. So the so called power of courts just would be of no help! What will those pieces of paper (summons / warrants ) achieve in such a situation?

is there no real and productive remedy in law and with the courts?

Is this entire procedure only made to allow an accused to run and then make the papers run after him?

It is the complainant to inform the Court for change of address of the accused, the  Court donot have any such mechanism as you desire.

The court shall proceed only after service of summons, please note.

If you want to proceed against the accused you are supposed to keep a track of accused till summons are served.

Basically it is creditor who has to find his debtor.

You got a cheque.  It was your money for which cheque bounced.

The summon is not served.  No citizen is bound to keep waiting for summons at present address. If the summon si returned then it is you who has to give latest address.

Even if arrest warrant is to be issued you have to give address.

From where/how do you get the address, it is not the outlook of the court.

Rightly said by Vashistha Ji and Sudhirji

It is the complainant who has credited so he has to keep a track and because it is his duty to keep a track so he kept  track and came to know that the accused is about to fell for good! Now what is the duty of the Court and Law?? To give a date of 10 months and allow the accused to flee and then again issue a summon and give another date of 10 months? Are the courts not duty bound to finish the trial within the period mandated under the act? Is there any accountability for themm or not?? Or they are created only to aid the accused? And keep mum like a hapless spectator even when the victims scream??

Are they there to do Justice or merely to indulge in legal rituals ? Rituals like issuing a summon?? A BW and that's all??

And Mr Sudhir and Vashistha Ji your replies are too bureaucratic and procedurebound & stereotyped! Now I ask you a leading question? Does anything stop the Court form issuing a specific direction to the Police to get the summoned served immediately and report to the Court within 24 hours? Then does anything stop the court from pre poning the date given after 10 months to a near date and if the accused does not appear issue a BW and ask teh Police to serve in 24 hours??

After all as I said the Courts are not made to play teh FLUTE of Legal rituals ! They are there to ensure that Justice is done

"And Mr Sudhir and Vashistha Ji your replies are too bureaucratic"

This is free legal advisory forum.  The experts are using their own time, lectircity, nect connection to give these charitable replies.

If you do not like the replies please go to office of any advoacate , with papers, pay him and get his advise (still he will expect you to be respoectful.

Has the complainant apprised the court, given an application stating his apprehension of accused fleeing the town.?

Mr Sudhir

I You and all here are as a community to discuss the legal issues faced by the community! Even I am here as a CHARITY only. Since I am into Social Work, the aggrieved poor come to me for help and I try my best to help them (without charging) Yes if U R so much conscious about money pl dont reply to anything unless some one has paid you or better still u spend ur time in some legal shop

The victim here had gone to some so called Lawyers! They were as dumb and stereotyped and had no clue as to what the Law can do in such a situation?

Do u live under a notion that all Lawyers know all the Laws really?

Though they do charge for whatever they know and also for what they dont know

Yes the complainant has apprised the court, given an application stating his apprehension of accused fleeing the town.?

And tragically, the PO has filed the application and ordered to be put up with the file on the Date

file application in high court for issue of writ mandamus.

Mr. Ashok Kumar sir is going very serious and emotional.  Since this forum is free of service and charitable in nature, nobody can question and scold any expert.  If you get the suitable answer from the various replies of experts, you take it or if you do not get satisfactory reply ignore it and leave the forum and got to some experienced lawyer and get done your work as advised by sudhir ji.  

Now coming to the present query, since the offence (Sec 138 of NI Act-offence against a person) is of trivial nature and piling up of cases, the court will not go serious into the matter.  If the offence is of severe nature like murder, rape etc. (offence against society) on the application of the victim/sufferer/police, the court will issue NBW even the summons are not served. This is done because there is a danger of the accused being committing the offence again on some innocent person, if the arrest is not made immediately.  A look out notice also will be served against the accused.  

Thank U Sudhirji

Now U have given a reply which proves that U have applied the mind of an expert .Till now it was just what the baboos (including the Judges, Lawyers, Police who dont apply their minds to what they should and who dont take a proactive action as they are expected to) do in a routine and mundane manner oblivious of the truth that they are there not to indulge in technicalities but to deliver REAL Justice!!

Had it not been for a Handful of such Judges, Lawyers and Officials of Police, who have gone out of way to interpret the law for the common man and thus bring Justice to them by exercising the discretion vested in them in the manner it should be instead of singing the routine tune and wait for the salary for the month to be created in their accounts ! salary which has also been contributed to by this hapless victim to whose plight the system refuses to exercise the discretion it should