25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Summons to Accused 138 N.I Act

(Querist) 25 July 2009 This query is : Resolved 
Reaaly grateful to experts to spare few minutes from their busy schedulke to solve my query. If summons received by wife doesn't amount to valid service then every accused will use this to delay court proceedings.What is Apex court's view on this issue? Citations will be very helpful. Thanks in Advance.
Kiran Kumar (Expert) 25 July 2009
pls make some more elaborations in ur query.
Sujit J Pathak (Querist) 25 July 2009
In a case u/s 138 of N.I Act summons was been issued by M.M Court Mulund, Mumbai. On the date specifeid in summons for appearance of acccused he didn't attend and summons report showed that it was received by wife of accused.The M.M judge refused to issue warrrant against the accused acccused stating that as summons is received by wife its not a valid service and directed to make an application for fresh summons. This procedure will take another 1-2 months causing undue duly. Is there any judgement contradiccting this view of M.M judge?. Kindly state any citations. Thanks in Advance
Somnath mukherjee (Expert) 25 July 2009
Sujit J Pathak (Querist) 25 July 2009
If u can plz provide me with citation of the judgement which lays down the view If address is correct it's a valid service. Thanks in advance.
Khaleel Ahmed (Expert) 26 July 2009
It is better to make application for fresh summons.
Sujit J Pathak (Querist) 26 July 2009
If I make an application for fresh summons & once again the summons is received by wife of acused then M.M Judge will refuse to issue warrant under the pretext of invalid service of summons. Is there any judgement of Apex court or Bombay high court remedial in my case. Thanks in Advance.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Expert of the Month

Post a Suggestion for LCI Team
Post a Legal Query