Ni act

Querist : Anonymous (Querist) 04 October 2011 This query is : Resolved
money lent in 2005
part payement made in cash n in cheque
cheque bounced in 2005
case filed
fro the date of filing of case no summons r served
what remedy we can press now in our favor in court as summon is not served in any way till today

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ajay sethi (Expert) 04 October 2011
if summons have not been served and you are the accused remain silent . the court may dismiss the complaint if summons have not been served upon accused for 6 years

Querist : Anonymous (Querist) 04 October 2011
i m plaintiff side sir what action i take to speed up process.

prabhakar singh (Expert) 04 October 2011
no steps were initiated for summons orthey not being served because accused is not traceable,if so ,get him absconder declared.

R.Ramachandran (Expert) 05 October 2011
As a Plaintiff, you ought to have pursued with your lawyer. I am afraid, the complaint case might have been dismissed for default / non-prosecution. Please check up. It cannot simply be that no summons had been issued. Probably you might not have been present when the case was listed for pre-trial summon.

Advocate M.Bhadra (Expert) 05 October 2011
If the summon was not served due to accused not traceable,then lodge a diary to the police and file a case u/sec.156(3) Cr.P.C.in Magistrate Court charge with sec.420,406 and 427 IPC for treating your complaint as an FIR.

DEFENSE ADVOCATE.-firmaction@g (Expert) 05 October 2011
Yes now a days courts do not keep matters pending so long for service of summons.

And once the process is issued it can not be converted to other sections of IPC as suggested by Mr Bhadra.

Chanchal Nag Chowdhury (Expert) 05 October 2011
If it is u/s.138 of NI Act,press the court for warrant.
If it is a civil case, file application under Order 5 Rule 20 CPC for alternative service.

Arun Kumar Bhagat (Expert) 05 October 2011
You have to ascertain the reasons for non-service of summons. There is provision for sustituted sevice. Adopt that.

I do not know about any provision where the case is dismissed if the summon is not served within 6 years.

DEFENSE ADVOCATE.-firmaction@g (Expert) 05 October 2011
This is non prosecution and hence courts apply section 256., since they have to reply to higher courts for reasons for pending
cases.

Guest (Expert) 05 October 2011
JSDN,

How section 256 applies automatically without the knowledge of the complainant or his lawyer, when the complainant has already stated that NO summons were served, nor has stated that the complainant was being represented by a pleader?