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Anubhav Malik   07 September 2019

Accused missing in 138 ni act

I have filed 4 cheque bounce cases to an accused living in new delhi . her mother filed missing report after the cheques were issued . I filed cases against 138 NI ACT . But the problem is , nobody is receiving the summons in his family (  Joint Family still lives there ) Summons are returned with a remark " LEFT " . magistrate is not issuing the warrants as he is saying summons not served . untill remarks are written "Refused " or " Delivered" Every time summons goes to their house , They say my child has left the house and show the missing report to post man ( Or bribe him ) . Case is filed in TAMIL NADU and accused is in DELHI . Please help .


 2 Replies

Rajinder Kumar (Prop.)     07 September 2019

After for two three ways of process of summons then after magistrate will issue warrant and declare him her proclaimed offender

Vinit Nair (Advocate Vinit Nai   07 September 2019

Magistrate can issue warrant if summons and re-issue of summons is not be served 3-4 times. Ask you lawyer to request the magistrate to issue warrant
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