Anil Agrawal (Retired) 05 September 2010

Summons u/s 138

Since the case was filed in 1998, it has been adjourned 48 times without a hearing. Presence of accuse always marked. Yet complainant making routine applications for issuing summons to him and magistrate obliging. Four summons have been issued to him so far. He was present in the court at the last hearing. Another appln moved for issuance of summons and again magistrate passed order for issuance of summons by pasting and RPAD. What is happening? What is on their mind?

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4 Replies

Anil Agrawal (Retired) 05 September 2010

Is making a complaint against a magistrate for not doing his duty as per law is contempt of court?

Adesh Kumar Sharma (Senior Associate Lawyer) 06 September 2010

Dear Mr. Aggarwal,

You can submit the attached recent judgment passed by Delhi High Court before the magistrate, which says that as per Negotiable Instruments Act, the court has to adopt summary procedure to dispose off the case, as it had been made mandatory by the Act itself.

Thanks

Attached File : 18 18 delhi high court section 138.pdf downloaded: 170 times