Ketan (Finance Consultant) 07 May 2016

Summon from court in bangalore

Hi,

I had a case in Bangalore in 2014 for a small fight for parking, and was put up charges under IPC 341, 323, 504. I filed counter complaint by sending multiple mails and reminder mails to Commissioner of police because Indiranagar police refused to take my complaint. The police says that it has send me a letter that my case is closed, but I never received it. I payed money to Inspector and he agreed to close the case after some time. For 2 years there was no communication from them.

Now, police has given a summon to my friend, who gave the guarantee in my bail. I still have not received any summon. Neither do police has any address or contact number of my where abouts, because I left bangalore a long time ago.

.What are the rules in Karnatak, If I dont reach on court on the day of summon, especially when the summon is not received by me but my friend who is claiming that he dont know where I am, in front of police ?

Should I just keep ignoring the summons, because they will never reach me or should I pro actively go to court to get the case closed.

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6 Replies

Laxmi Kant Joshi (Advocate ) 07 May 2016

It will be better you attend the court hearing on the precribed date and before this met with opposite party and convince him and get settle your case with him, and tell him on the hearing date the opposite party will move an application that he don't want this case further he wants to withdraw it because you both party had done compromise with each other, write your compromise and put your sign of both parties on it alongwith affidavit and submit it in the court, the court will permit him to withdraw the case, and the case will closed, if you will not do so then the case will run as other criminal cases .

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984) 07 May 2016

Try to compromise with opp. Party and ask him to withdraw the case.Else it will waste your valuable time and money and a sword will be hanging on your neck till the disposal of case which can take years.

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984) 07 May 2016

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 08 May 2016

If you are not in Bangalore, where are you? Had the opposite party filed case against you under the IPC sections? The police says which case is closed, the case filed against you or the case filed by you? You have not received the summons because the police/court does not know your present address. They would have sent it to your last known address. You know your friend has received the summons. But your friend says that he does not know where you are. Actually he knows where you are but does not want to disclose it. Am I right? If you do not go to the court on the date your friend will forfeit the bail amount. The court can issue an arrest warrant. Again in order to arrest you the police should be able to search you out.

If you approach the opposite party will he agree for a compromise? As you are not in Bangalore the opposite party can harrass you by not withdrawing the case. If you appear before the magistrate he can adjourn the case to a new date. You may also be obliged to give your present address. It can happen that the magistrate was not there at all. Things can go on for years with no hearing and you will have to shuttle between Bangalore and your place of residence.

As this is not a murder case the police may not be keen on chasing you and finding out your whereabouts. Are you still in Karnataka? What are the chances of your going to Bangalore again? What is your profession or vocation?

Siddharth Dev (Advocate) 13 May 2016

i do agree with laxmikant joshi further if you will not attend court NBW may be issued against and further PO proceedings may be placed against you so better to attend court otherwise there would be serious legal consequences