Ni 138 notice/ summons
CreateGoodwill
(Querist) 12 November 2012
This query is : Resolved
case No.1
1.I want to send NI 138 notice to person now he is in jail for other case how can i send the same. & file Ni 138 case in court
Case No.2
2. Summons was sent to accused thru Registered AD... was return reason Addressee Moved.
while checking i have found he is still there at same address.
i have applied for fresh summons at same address but I have to file affidavit that same accused is in same address.
now is there any other means of sending summons like email/Courier /hand delivery / thru police
pl suggest.
Nitish Banka
(Expert) 12 November 2012
1. Where the defendant is confined in a prison, the summons shall be delivered or sent 1[by post or by such courier service as may be approved by the High Court, by fax message or by Electronic Mail service or by any other means as may be provided by the rules made by the High Court] to the officer in charge of the prison for service on the defendant.
2.
(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. you can send by courier also.
Raj Kumar Makkad
(Expert) 14 November 2012
If an accused in in jail, his summons shall be delivered to him through Jail Superintendent and if he is residing at the same address then make complaint against the process server who made false report and demand strict action against him with the same court. Again send the notice and meet the process server in person and tel him his fate in case he also makes false report.
