regarding return cheque
satish
(Querist) 19 May 2010
This query is : Resolved
I have filed a criminal case for returned cheque against a party in kerala i am from mumbai the 1st date of the court has given is on 4th of august 2010 the summons has been issued on 15th of may 2010,I WANT TO KNOW ON
1.WHETHER THE WHAT SHALL HAPPEN IF THE PARTY DOES NOT COME ON THE SAID DATE i.e 4th AUG 2010.
2.IF THE OFFICE GETS CLOSED AND HE IS UNTRACEABLE.
3. IF WE CAN ASK THE COURT TO ISSUE AN WARRANT IF HE DOES NOT APPEAR ON THE SAID DATE.
4.THE SUMMONS TO BE SENT BY THE COURT OR BY US.
5. THE PARTY IS LEAST BOTHERED ABOUT PAYING THE MONEY BACK TO ME AS HE DOES NOT RECEIVE THE PHONE BEFORE I FILED A CASE AGAINST HIM, NOR IS HE SERIOUS AFTER I FILED CASE AGAINST HIM.
SO PLS GUIDE ME
PLEASE LET ME KNOW ABOUT THESE DETAILS OR ANY OTHER POSSIBILITIES WHICH CAN HELP ME.
THANKING YOU ALL FOR YOUR SUPPORT .
Virender Pankaj
(Expert) 19 May 2010
1. Bailable Warrants may be issued.
2. If he is intentionally avoiding to receive the summons or close the office, the summons deemed to be served and the court may issue B.W.
or
The Court may ask you to provide fresh address of the accused.
3. Yes, you may request the Court for issuing the warrants.
4. The summons to be sent by the Court on filing of Process Form with the concerned staff.
5. If he is not serious about the case, he will face the consequences.
Krishnamurthy Ramdas Iyer
(Expert) 19 May 2010
next non bailable warrant and then proclaimed offender and attachment of property u/s 82 & 83 CrPC
B K Raghavendra Rao
(Expert) 20 May 2010
Summons need to be issued by the Court and served upon the accused only then he is expected to appear in the court. If he is not traceable, you need to all your efforts to find out his whereabouts and address. If summons are issued and accused does not appear on the said date, the court would issue non-bailable (arrest) warrant.
G. ARAVINTHAN
(Expert) 20 May 2010
If summons served and party not appeared, warrant will be issued.
if untraceable, court will opt for other mode of service - paper publication
If party not appear, complainant can press for issuing warrant
summons were sent by court, you may need to submit stamps as required by court
His conduct will put him into punish him
satish
(Querist) 21 May 2010
THANK YOU SIR FOR ALL YOUR REPLIES.
