Continuation- summon to be issued U/S. 138 NIA
Rekha.....
(Querist) 14 October 2008
This query is : Resolved
dear Sir/M'm
Good Evening
With all due respect sir V would like to inform u further that The Said Party has already sold his property, factory.
It is foolish question to u bt V need to ask u plz sir,
What V certainly need to know that the summon or warrant will be issued will, return without serving .is there any concrete way to be taken in this matter. How our client will receive the Rs.300000 without service of summons or warrant and also if party is not going to appear before the Hon'ble Court.
Thanx that u all r giving ur valuable time 4 us.
deepak kumar
(Expert) 14 October 2008
you do your work- first things first
then it would be upon the court to bring him to justice, once warrant has been issued the police machinery is competent enough to apprehend him.
you go on and send notice, file the case and leave the rest upon the court.
besides that i do not think that you have many alternative options.
sanjay kumar patibandla
(Expert) 14 October 2008
I think only the way left for you is sec 82 and 83 of Cr.P.C. Sec 82 is for proclamation file a petition for it. According to ur version the accused is not having any properties. If u find out any property, file a petition u/s 83 for attachment of property.
With out service of summons or executing of warrant u won't get any money.
K.C.Suresh
(Expert) 15 October 2008
serving of Summons or warrent in some cases will be difficult. That may due to the influvence of the party. If that be your case insert your parties influvence to the serving mechionary to serve it. What else by advice we can do Rekha. When in rome be a roman.
