Mr. Fraud's story(my previous query)
victim of fraud
(Querist) 18 October 2014
This query is : Resolved
1. Can he recall the warrant without appearing in court? 2. Is it possible to bring him India if the warrant is sent through embassy providing his passport details? And how much time it takes for this process? 3. Can the case be further processed without A1 ? Or does he need to appear at least once? 4.is it possible to get him if I complain in ncw or embassy providing all documents and evidences? 5. As his address is unknown to me for how many summons will the family court provides substitute service? 6. Please suggest the next steps to be taken by me in these cases. 7. Please provide the procedure further followed I both cases and the time duration for judgement in both the cases? Please help me out dear experts .
Devajyoti Barman
(Expert) 18 October 2014
1. No without appearance w/a can not be recalle.
2.Yes it can be one but it takes time. In any case once he lands in Inian airport he woul be arrested.
3.Without his absence case can proceed epning n its nature.
4.yes
5.Apply for papaer publication.
6. continue the current process.
7.Consult with lawyer regualrly.
victim of fraud
(Querist) 19 October 2014
Sir, thank you very much for your guidance.
Rajendra K Goyal
(Expert) 19 October 2014
Agree with the expert Devajyoti Barman.
victim of fraud
(Querist) 19 October 2014
Thank your for your response sir.
T. Kalaiselvan, Advocate
(Expert) 20 October 2014
The warrant cannot be recalled without his appearance in the court, i.e.,without he surrendering before the court in the normal circumstances, however under some extra ordinary circumstances, warrant can be recalled without the party's appearance, there are settled laws to this effect.
The court may be requested to send the warrant to the Indian Embassy/High Commission of that country through the ministry of external affairs in India with his full particulars for the purpose of execution and extradition, however it will take lot of time to follow the procedures.
If the case has not been split by splitting the other accused from A1, the case will not proceed any further.
As far as the family court is concerned if it is satisfied about the service of summon through court and post and he is not found to reside in the said address, the court may order for steps to be taken for substitute service of summons, it depends on the court.
For your last question, your lawyer will be having answer hence be in regular touch with your counsel.
victim of fraud
(Querist) 23 October 2014
Sir thank you very much for taking time in clarifying my query.