harshoo (student) 06 April 2012

No proper delivery of summons

Hello,

In one case u/s 406/420, summons were issued on the accused and accuse's company. The summons were sent thru speed post. The postman has delivered the summons to the security personnel of the building and that person has signed the AD receipts and given back to the postman.

Can this be treated as proper delivery of summons? If its served on company address, the AD receipt should have the company stamp mandatorily?

Pl. respond ASAP.

Thanks,

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 April 2012

First of all - Speed Post is not a valid mode of service - It has to be via Regd. Post.

Secondly - In case of service to a company - it has to be srved on secretary, local manager or other principal officer of the company not a guard. (S.63 CrPC)

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harshoo (student) 06 April 2012

Thanks for your response. Appreciate it.

In this case, For both the accuse (director) and the company, the summons were given on the same address and received and acknowledged by the guard. In such circumstances also, your above two points will remain valid, right?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 06 April 2012

Dear Querist

According to section 63 of Cr.PC

63. Service of summons on corporate bodies and societies.

Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be deemed, to have been effected when the letter would arrive in ordinary course of post.

Explanation:- In this section "corporation" means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act.1860 (21 of 1860).