138 n.i. act...!

Naveen Kanth Dasari (Querist) 29 November 2014 This query is : Resolved
Hello Experts,

I have filed a cheque bounce case U/s. 138 of N.I. Act in March 2013, and till now it is in summons stage, the problem is the Accused is changing his address frequently and the summons are not getting served, and in the result the court orders for fresh summons to be served.
Now my question is how to take steps against the Accused:
1. Shall i request the judge to issue warrant against the accused?
2. Shall i ask for a paper publication?
3. Can i ask for proclamation U/s. 82 of Cr.P.C?
Plz suggest me.

Thank You,

Naveen Kanth.

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Guest (Expert) 29 November 2014
Issue of Warrant and News paper Advt regarding the same could fetch you some remedy.

Naveen Kanth Dasari (Querist) 29 November 2014
under what provision of law can i ask for news paper advt, and will the court issue warrant against the accused even if the summons are not served.

ajay sethi (Expert) 29 November 2014
how can warrant be issued if summons not served? how can proclamation be issued ?

you can make application for substituted service by paper publication before the magistrate . if inspite of service of summons accused does not appear then you have to apply for issue of warrant

Naveen Kanth Dasari (Querist) 29 November 2014
hello Mr. Sethi under what provision of law can i make an application for paper publication any specific provision available in Cr.P.C.

Rajendra K Goyal (Expert) 29 November 2014
Proceed for substituted service by paper publication.

Guest (Expert) 29 November 2014
Warrant could be Issued even if Summons Not Served on the grounds that the Person is absconding.

Advocate. Arunagiri (Expert) 29 November 2014
Cr.P.c.
s.65. Procedure when service cannot be effected as before provided

If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.