Legal Question in Criminal Law in India

Negotiable Instrument Act - Sec 138

How soes summon goes to the Accused?

What if the accused does not accept summon and does not appear in court.

i have filed a cheque bounce complaint on 10th Mar, 09 and Hon'able Judge has given the next date of hearing as 23rd May, 2009.

Can you pls let me know what is the next course of action?


Asked on 3/12/09, 5:53 am

7 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Negotiable Instrument Act - Sec 138

in case the accused doesnt appear on summmons, the court would issue bailable warrants and even then if he doesnt appear, the court would issue non bailable warrants and he may be arrested.

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Answered on 3/13/09, 2:07 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Negotiable Instrument Act - Sec 138

in case the accused doesnt appear on summmons, the court would issue bailable warrants and even then if he doesnt appear, the court would issue non bailable warrants and he may be arrested.

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Answered on 3/13/09, 2:07 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Negotiable Instrument Act - Sec 138

Hello

Good Afternoon!

Summons is served by police to serve. If in case the accusesd did not receive/abide the summons then a warrant can be issued.

I dont know the facts and details of the case so it is more advisable to ask your lawyer who is conducting the trial for you.

In case of need please contact personally.

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Answered on 3/13/09, 2:42 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Negotiable Instrument Act - Sec 138

Normally, summons of criminal cases are sent to police for service. If accused did not abide by summons, further steps like issuance of warrant can be resorted to.

Next course of action better be told by your lawyer conducting the trial, as he will be in know of all the details.

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Answered on 3/12/09, 6:56 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Negotiable Instrument Act - Sec 138

summons is sent by the court but you can also ask the court for sending the summons in person i.e. you may collect from court and hand the same to police. Next is summons by RPAD. If after receiving summons accused doesnot remain present then you can ask court to issue warrant otherwise you can ask for pasting of summons.

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Answered on 3/12/09, 7:55 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Negotiable Instrument Act - Sec 138

The law will take its own course; the trial will proceed in accordance with the provisions of Criminal Procedure Code, 1973.

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Answered on 3/12/09, 10:16 am
Pranav Desai PD Legal & Associates

Re: Negotiable Instrument Act - Sec 138

Summons can go to the accused by speed post. If the summons are accepted and the accused does not remian present you can apply for warrant of arrest of the accused.

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Answered on 3/12/09, 2:33 pm


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