Summons to accused u/s 138 of N.I Act

Sujit J Pathak (Querist) 23 July 2009 This query is : Resolved
Summons has been issued by an MM court u/s 138 of N.I Act and has been sent through court. The said summons has been received by wife of accused, Now the M.M magistrate refuses to issue warrant against the accused stating servicce of summons is not proper as its received by wife of accused. Kindly provide citations of releavent judgements

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Sarvesh Kumar Sharma Advocate (Expert) 24 July 2009
sorry, but some recent citations are against your case.in which stating servicce is not proper says clearly

Somnath mukherjee (Expert) 24 July 2009
if the address of the summon is correct then the court presume that the delevery is properly made.According to the Hon'ble Supreme Court but I cannnot remember the citation at this time.

Kiran Kumar (Expert) 30 July 2009
Somnath ji its not postal service its through the process server of the court.

Magistrate is right, pls refer to S.64 of Cr.P.C

in case the person is not found at home then service has to be on the adult male member of the family.

and construction of this section is strict in nature.

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