Cheque bounce case court summon undeliverd to accused
Querist :
Anonymous
(Querist) 07 December 2022
This query is : Resolved
I have a filed a cheque bounce case on 15.05.2022. First hearing came on 07.09.2022. The court summoned the accused but the registered post is returned undelivered because of the reason that the accused is not present in the registered address. Second hearing came on 10.10.2022. Second time also summon was issued to the accused but he is not present in that address. Third hearing came on 03.12.2022. Again same issue. Now again court gave next hearing date as 24.02.2023. How many times court will issue the summons? What is the next action court will take if the summon did not reach in hands of accused? Please guide me. Thank you
kavksatyanarayana
(Expert) 07 December 2022
You can give legal notice through the Newspaper and present a copy of the same to the court through your lawyer. The court will take action in due course but it may be delayed.
Dr J C Vashista
(Expert) 08 December 2022
In the instant case prima facie the accused is avoiding service of summons through normal mode, request the court to issue "dasti" summons so that you may arrange its service.
Since a complaint u/s 138 NI Act is governed by CrPC where there is "no" provision for substituted service of summons as provided in Order V Rule 20 CPC.
Dear Sh. Kavksatyanarayana ji,
CrPC do not provide any such law / rule where service of court summons may be effected to accused through legal notice published in newspaper.
Thanks and Regards
Advocate Bhartesh goyal
(Expert) 08 December 2022
Get summons served through police on accused and don't serve summons thrugh registered post as it can be managed.
SHIRISH PAWAR, 7738990900
(Expert) 08 December 2022
Hello,
Yes, CPC is not applicable in the present case. You may provide another address of the accused. Please note that you have to provide the address of the accused. or You may collect by hand summons and take the help of the local police station for service of summons.
Querist :
Anonymous
(Querist) 08 December 2022
Sir in my case, I m residing in Chennai, the Accused is residing in Gujarat. He has shifted his house. I m unable to find out his new address.
P. Venu
(Expert) 08 December 2022
Yes, get the summons served through the Police.
Dr J C Vashista
(Expert) 09 December 2022
If the accused has shifted from Chennai to Gujarat and you want to prosecute him/her for committing a crime of dishonour of cheque it is your arrangement to get the (court order) summons served through any mode as advised by experts herein above, where none of us can help you.
Sudhir Kumar, Advocate
(Expert) 20 December 2022
well advised. I will only add that it is for you to provide his address.
However, if you give FIR for cheating (if maintainable in full facts of the case) the police has to search for him,
