Cheque bounce
ruchi kukreti
(Querist) 26 November 2014
This query is : Resolved
Hello Sir
I have filed a cheque bounce case under 138 NI.But accused is avoiding his presence before the court.We don't know where is he staying but I have his cell nos through which he is regularly sending me messages saying that he will pay on this date or so on.Now my advocate told me that he is going to file an another court roofer petition in the court so that the accused can be arrested by tracing his calls.Kindly let me know Sir what this petition means and how it will help to get the accused arrest.
Summons also has not been received by accused because he is not available in that place.We got his permanent house address can the summons be sent to his address even if he is not staying there?
Kindly let me know Sir which is the best way to arrest the accused
thanks a lot
ruchi
Satya nand aggarwal
(Expert) 27 November 2014
Dear Ruchi
Service can be effected by substituted service.see the NI Act your will find a solution. He can be served by registered letter to be sent on the last known address to the complainant.Here is section 144. Mode of service of summon.
(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.
V R SHROFF
(Expert) 27 November 2014
"Now my advocate told me that he is going to file an another court roofer petition in the court so that the accused can be arrested by tracing his calls.Kindly let me know Sir what this petition means and how it will help to get the accused arrest."
DID YOUR ADVOCATE FAILED TO EXPLAIN YOU??
Pl don't use this platform to double cross your Advocate..
Professional ethics..
Rajendra K Goyal
(Expert) 27 November 2014
Adopt the service by substituted method of service.
Prey the court to proceed ex-party.
ajay sethi
(Expert) 27 November 2014
apply for substituted service
ruchi kukreti
(Querist) 27 November 2014
Thanks a lot to all for your valuable advice Sir!
Kindly let me know what does substituted
service and ex_party mean?
Shroff Sir has advised me not to use this platform to double cross my advocate. Sir
I don,t intend to double cross my
advocate. Being a common woman I don,t know anything about the legal procedure
and advocate can't explain each and everything to me that,s why this platform is a blessing for common women
like me.
thanks & regards
ruchi
ruchi kukreti
(Querist) 27 November 2014
Thanks a lot to all for your valuable advice Sir!
Kindly let me know what does substituted
service and ex_party mean?
Shroff Sir has advised me not to use this platform to double cross my advocate. Sir
I don,t intend to double cross my
advocate. Being a common woman I don,t know anything about the legal procedure
and advocate can't explain each and everything to me that,s why this platform is a blessing for common women
like me.
thanks & regards
ruchi
ajay sethi
(Expert) 28 November 2014
if summons cannot be served upon the accuse d by speed post /courier court can direct that notice be served by paper publication . . it is published in local newspaper wherein accused is informed that case has been filed against him and to appear before court on next date
ruchi kukreti
(Querist) 28 November 2014
Thanks a lot to Ajay and Satya nand Sir
for their valuable advise.
I greatly appreciate your help.
regards
ruchi
T. Kalaiselvan, Advocate
(Expert) 30 November 2014
Unfortunately substituted service of summons through paper publication is not available for cheque bounce case u/s 138 of NI act, being a criminal case basically, neither exparte decree can be made in such cases. The procedure for service of summon has been explained in detail by expert Mr. Satya Nand Agrawal.
ruchi kukreti
(Querist) 01 December 2014
Ok thank you so much for your advise Sir
My advocate is going to file an another court refer petition(420).Kindly let me know Sir how this petition will help to get the accused arrest? Will the police be directed by the court to arrest the accused
by tracing his calls?and is paper publication available in this case?
thanks & regards
ruchi
