Negotiable Instrument Act Section 138

Querist : Anonymous (Querist) 29 August 2010 This query is : Resolved
A Summon was issued by the JMFC, Navi Mumbai to be served at Uttarakand. The party is managing the authorities by not receiving the summon. No postal acknowledgement Due is received. Two attempts have been made. How and who should serve the summon and what is the mode?

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Devajyoti Barman (Expert) 29 August 2010
The letter of the postal authority about the status of the postal article would sole your query. Moreover you can also ask for the direction upon the SP to serve the summons through its machinery.

Adv ramesh chheda (Expert) 30 August 2010
get it served through the local police station.
if local police station is not giving report ask magistrate to issue a notice upon local police station to send their reply. if on that notice, local police station fails to send any reply then warrant can be issued upon said police station and can be compelled to appear in the court.
so after going through some hardship u will be ultimately able to serve upon the accused or can succeed in getting considered as deemed service.
police even has right for pasting at his premises so if police is not able to serve upon the accused in person u can pray for pasting order also.

s.subramanian (Expert) 30 August 2010
Yes. I agree with Mr.Chedda.

Adinath@Avinash Patil (Expert) 31 August 2010
i agree with chedda

DEFENSE ADVOCATE.-firmaction@g (Expert) 31 August 2010
Even otherwise the process issued is illegal since for cases out of the juridiction of the court , first enquiry is mandatory before issue of process in any criminal case.

Querist : Anonymous (Querist) 02 September 2010
Dear Shashikumar, what is the mandatory enquiry, I request you to elaborate as to How to serve the summon ouside the juridction?

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