New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Profile_May282019 (Others)     09 March 2022

How many times a summons is issued in case of a criminal complaint and what happens after that?

The defendent is ignoring the court summons. How many times the court will issue the summons and what happens after that if the defendent is living in a different jurisdiction?


 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     09 March 2022


You have to issue summons to the diffrent jurisdiction address. 

Shashi Dhara   09 March 2022

Until the court is satisfied that the SS  has served legally as per law.

P. Venu (Advocate)     09 March 2022

The posting is short of maerial facts.

Palak batra   09 March 2022

Dear Querist,


Order 5 of Code and Section 27 to 29 of Civil Procedure 1908, When any party (Plaintiff) filed a suit against another party i.e. Defendant. The Defendant has to be informed that the suit is filed against him and it is necessary to appear before court of justice to defend himself in such a situation the court sends an intimation document to the defendant is said to be summons to the defendant.


There are no such provisions regarding the number of issuance of summons before issuing a Bailable warrant. When the court is satisfied that summon is duly served to the party and any application is being made by the party for issuance of bailable warrant then the court may issue the same. 


In the case of Piyush Bharat Saini vs Paras Gupta on 11 March, 2013, person sought to be summoned is outside the jurisdiction of the Court, would apply in the cases of offences under Section 138 of the Negotiable Instruments Act. Court has viewed that enquiry under Section 202 Cr.P.C is pre-requisite for issuing summons to the accused residing outside the jurisdiction of Magistrate before whom the complaint is filed. In this case also, the Court apparently has not considered the effect of the special provision made under the Act.





1 Like

Profile_May282019 (Others)     09 March 2022

@Mr Venu.. Are you suggesting that I should put the whole essay here on the public forum to answer a simple staringht forward question. If you cannot answer the question, please do not waste your time.

P. Venu (Advocate)     09 March 2022

A meaningful suggestion requires that the querist should post the material facts. You have not evenbothered to inform whether it is a civil or criminal case so also why context for issuing repeated summons.

Tone and tenor of your posting suggests that you have no real issue but only attempting to have some fun at the expense of this platform.


Profile_May282019 (Others)     09 March 2022

@MrVenu - Sorry I dont have time to answer your irrelevant questions. If you read the questions once again you will know  if it is criminal or civil. You are not obligated to answer the questions if you cannot under stand the question right?  This is a public platform and there are thousands of others use this platform. I dont  understand what  you mean by expense of pltform , fun etc. If you dont like to answer.. do not please..will save your time as well as mine

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register