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?
7 Answers from Attorneys
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.
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.
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.
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.
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.
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.
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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