138 negotiable instrument act
skapoor
(Querist) 11 October 2017
This query is : Resolved
Dear Sir, I have filed a case of 138 negotiable instrument act on 14.10.16, and sad to say as on date 11.10.2017 court is sending summons to accused for appearance whole one year gone, it feels like as if complainant is accused and accused is a king, I have records kept with me in total 8 summons have already been sent for the appearance of the accused, anyone looking this can well understand that accused is deliberately avoiding summons and not accepting it. I got the chance to see the file kept with the reader when I was signing the file for my presence as a complainant it was mentioned (summons received unserved). My question is I have read in one of the queries replied in lawyersclubindia forum that court works in systematic way NO short cuts, I agree but what type of systematic way is this?
8 summons just for the appearance of the accused? and every time judge gives further date of one or one and half month. I also agree that Iam not the only who has filed a case there are many cases pending in court but as a layman I want to ask is there any way to speed up the process? I spoke to my lawyer he said this is a court procedure we can't do anything. Is there a way I can directly talk or question to judge without hurting his or her ego? because like a judge I cant close my eyes and keep waiting for time to linger on. This type of workings gives bad impression against Indian law. Please suggest.
Dr J C Vashista
(Expert) 12 October 2017
You are lucky to get the summons issued/served on the accused despite the tricks played by him/her.
skapoor
(Querist) 12 October 2017
So sir it means judge can send 100 summons to accused and accused is roaming about Scotfree and we as a complainant should wait for the judge to wake up. Why can't the modern ways of communication is used to summon the accused like telephone and what's app which everyone has now a days, we are in 20th century. Hats of to the Indian law.
Rajendra K Goyal
(Expert) 12 October 2017
Court proceedings are time and cost consuming, have to move with the system till changed.
Normally such cases takes 2-3 or even more years for decision.
P. Venu
(Expert) 12 October 2017
The accused have no option of refusing to accept the summons. It could be that he could not be located or traced to serve the summons or, even it may be that the address you had furnished is wrong. You have the option serve the summons personally.
