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summons/notice delivery rules

(Querist) 20 July 2008 This query is : Resolved 
if summons/notice delivered any accused address where his mother and brother live but accused(in sec 138ni,420,406) not stay/any contact with family .so in that case can court issue x party order against that called accused.if yes then what can accused can do.if no so what will next step take by banks.

2.sir, if any person to present in India and his mother,brother etc. received notice/summons in that case what will next step should be taken by so called accused.can his lawyer defend his case on his behalf.
Srinivas.B.S.S.T (Expert) 21 July 2008
Courts will only see whether the summon is duly served or not? it is the burden of the accused to prove that he is not ordinarily resident of that address and the persons who received the summons are not capable of informing him about the same.
SANJAY DIXIT (Expert) 21 July 2008
Yes dear Ajai.
I concur with the opinion made by Mr Srinivas.
According to Chapt.VI of Cr.P.C. summons may be served on an adult male family member of the accused.
Sarvesh Kumar Sharma Advocate (Expert) 21 July 2008
which type of x-party order given by the court u dont discribe?however you can take the copy of that order and file a pitition of your hon.H.C.look 138 ni act is bailable offence and if u are going first time in the court then court shall grant your your case if it is only the matter of n.i.act then sec.420,406 is not made outbecause it is a specify act, so take the certified copy of order and go to h.c.
arunprakaash.m. (Expert) 21 July 2008
You can file to quash the exparte degree. The accuse can appoint someone to look after the proceedign by giving power of attorney.
ajay kumar (Querist) 21 July 2008
sir u/s 82 cr.p.c. issued against me in 138 n.i. act. now tell me what i lawyer say court must send you jail for 2 days. And u needs to pay money to bank for cheque amount......but I not give any pdc to bank.
Sarvesh Kumar Sharma Advocate (Expert) 21 July 2008
ajay after 82 cr p c there are one month time but why u r not facing court?ok if u r not going court then i have all redy tolt u to go to high court against 82 cr.p.c prociding.with clearly mantion about the case and the illigal secions 420,406 ipc which is not made out in this specific case i.e.-138 ni act.
Srinivas.B.S.S.T (Expert) 22 July 2008
Section 82 cannot be invoked as a common practice. Only if the warrant is long pending then only the courts will order proclamation. I think you have not given the full details. To be frank we can be of no help to you if you dont disclose full details of the case.
ajay kumar (Querist) 22 July 2008
nbw issued in 138 n.i. two month before and on next hearing date my brother present in court with dd of that said amount.judge said give this money to bank....but that day no one bank person available in we can not make payment of said amount...we make one mistake can't take lawyer in court for recall of nbw.but sir judge issue this 82 cr.p.c.i don't know we consult some lawyer they told me this judge must send you at least in two (2) days for jail...please help me what i more thing you said their publication in newspaper under this section 82.....but i see no publication in newspaper.
deepak kumar (Expert) 22 July 2008
one of the options available to you is to file an application for Anticipatory Bail and during hearing of that your lawyer would submit that you are willing to pay the amount to bank and if it is deemed fit the complainant will be called to the court and the cheque/Demand Draft may be handed over to him.
This step will ensure a sympathetic consideration of your bail application.
once bail is granted then the fear of arrest will go away and you can proceed as per legal advice
Jatin Sapra 9312223345,Delhi (Expert) 23 July 2008
The first thing is that you must have to engage a lawyer.Second thing is that There is judgement of Delhi High court "Puneet Singh Chouhan Vs State "which is on the same facts and as this offence is bailable.If you are in Delhi's jurisdiction u can refer it . Otherwise also you can get the matter setteled.
deepak kumar (Expert) 23 July 2008

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