Upgrad LLM

SERVICE OF SUMMONS

This query is : Resolved 
 

Online (Querist)
30 October 2009

dear sir

I am a lawyer practising IPL.By the by

I am an A-2 u/s.506-(1) and on bail.The H`onable court issued the first summon to A-1 & A-2 to apper before the court on a specified date. But I was not in my house at the time of service of summon and also my family member not signed the summon as a token of acknowledgement.

my query is
* Would they cancel the bail & issue a arrest warrent immediately by not responding the first summon

* Or would they issue a second service of summon

kindly clarify as I am very much worried
Since this is the first case against me, I dont want to share this issue with my immediate collegue members( They respect me a lot)

Awaiting your speedy response & Thanks

R.Vijaya Sathya., M.Com.,M.A.,B.L.,


PJANARDHANA REDDY (Expert)
30 October 2009

LAWYER ALSO HUMAN BEING,HE WILL ALSO FACE SOME PROBLEMS LIKE THIS,DONOT FEEL SHY DARE TO FACE THE LEGAL PROCEEDINGS. IPC 506-1 IS BAILABLE,IN ALL PRIVATE COMPLAINT AT CRIMINAL IS THE 90% USED SECTION. IMMEDIATELY YOU CAN GET BAIL AT ALL THE TIMES BUT PRODUCE SUFFICIENT REASON FOR NOT ACCEPTING WITH A MEMO OF APPEARANCE.
ALL THE BEST



Guest (Expert)
30 October 2009

As per the process, the summons have been served on you. [Process :- (1) To individual directly, or (2) To an adult family member, or (3) by affixing at the house]. On the summoned date, you will have to appear. On failure, NBW will be issued. [This NBW can be recalled on your appearance by filing an application through an advocate]. Get the assistance from local bar association in case of any problems, where the case is being tried.

Shivasurya (Expert)
30 October 2009

The learned experts are exactly right

Arvind Singh ChauhanOnline (Expert)
31 October 2009

As per the rule court generally issue summon again in such cases , if it is not served to your family members and not affixed on the conscious part of your house also. Even if warrant is issued. Surrender himself before court and apply for recall of warrant. Generally court recalls warrant in such cases if it feel that warranted person is obedient to law and court also. I think you should surrender yourself before the date fixed and should pray to court to hear your plea before the date fixed. It would show your obedience. It would better be guided through your lawyer.

Raj Kumar MakkadOnline (Expert)
31 October 2009

Nothing to worry in your case. Second summons shall be issued and if warrants are issued even then nothing to worry. Since it is bailable offense, bail shall immediately be granted.

Sachin Bhatia (Expert)
31 October 2009

agree with Mr. Raj

VIJAYA SATHYAOnline (Querist)
03 November 2009

Thank You Very Much for your Kind Patronage

I reply about the progress.

Yours
Sathya


MANISH (Expert)
05 November 2009

Dear Friend,

Mr. R. Siva has advised the best.
My advice is also same.



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