138 Negotiable Instrument ActC
Chetan
(Querist) 06 July 2010
This query is : Resolved
My client received a summons of 138 through Registered Post and fixed on 13/07/10
Whether the procedure to issue summons first time through Registered Post is proper
Pls provide guidance with case laws…
Raj Kumar Makkad
(Expert) 06 July 2010
It is the sweet desire of the court how to summon the respondent/accused. Matter is whether due summoning has been made or not and you cannot deny having duly summonned for the next date of hearing so follow the direction of the court mentioned in the summon.
S. Bharath
(Expert) 06 July 2010
It is perfectly in order, as stated by Mr. Sashikumar and Mr. Raj Kumar Makkad. You may also refer to Sec. 144 of the Negotiable Instruments Act, which is as follows:
144. Mode of service of summons.
1[Mode of service of summons.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) and for the purposes of this Chapter, a Magistrate issuing a summons to an accused or a witness may direct a copy of summons to be served at the place where such accused or witness ordinarily resides or carries on business or personally works for gain, by speed post or by such courier services as are approved by a Court of Session.
(2) Where an acknowledgment purporting to be signed by the accused or the witness or an endorsement purported to be made by any person authorised by the postal department or the courier services that the accused or the witness refused to take delivery of summons has been received, the Court issuing the summons may declare that the summons has been duly served.
1. Section 143 to 147 ins. by Act 55 of 2002, sec. 10 (w.e.f. 6-2-2003).
Basavaraj
(Expert) 10 July 2010
Yes you need to appear on the date fixed in the summons, Otherwise NBW will be ordered agaisnt you, please aviod.
Mr.isuue is not that whether summons served in RP/AD or other sources. Question is whether summomns has served or not.
I agree with Adinath sir.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 July 2010
Adinath@Avinash Patil
(Expert) 07 July 2010
