Anubhav Malik 09 January 2020

Need help in 138 cheque case

I filed cheque cases total 6 lacs . in Tamil nadu District court . Accused live in Delhi .
Since Aug 2018 . He is returning summons and post man writing remarks "LEFT" . His family is living in the same house . but they dont receive summons .
Judge is not ready to issue the Warrant as he say He did not recieve or refuse to recieve the summon not even 1 time . every time it is returned as LEFT the house.

I asked to send summon through police or court in his area , Judge refused .

I asked for paper publication , He refused .

My lawyer is also helpless .

Please suggest , what I can do in this matter ? can I transfer the case from Tamil nadu to Delhi court ?
or any other solution ?

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4 Replies

(Guest)

Dear Sir,

The summons need to be served as per the address known to you.

Do file a petition to serve the summons by Whatspp so that the accussed cannot avade the Summons, as he has been successfully managing the post man.

Regards

Balachander Reddy

Advocate

SHIRISH PAWAR, 7738990900 (Advocate) 09 January 2020

Dear sir,

In addition to above you can also provide his new address for service of summons.

Regards,

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 09 January 2020

1. Move proper Application before Magistrate, to deliver summons or pasting orders to local Police Station at Delhi. Magistrate will be forced to pass orders of his refusal and record the same in the roznama. Get proper certified copy of roznama and THEN file appeal on such orders /roznama in the Appellate Court. The needful can be achieved, thru orders of the Appellate Court.

2. AFTER above take Summons personally to Delhi Police Station thru Authorised Representative of a local Delhi Lawyer and who must accompany Police to Accused residence and serve Summons or Police will do Summon pasting procedures and submit their report directly to Magistrates Court in Tamil Nadu.

3. Transferring Case from Tamil Nadu to Delhi, is not going to be fruitfull & will result in gross loss of time & money.

4. ALSO file Police FIR in Tamil Nadu against Delhi Person, for Cheating, Intimidating, fraud, Breach of Trust. Somehow manage this with the Police to register FIR. ALSO consider to file Civil Court Proceedings to Recovery your money with interest & litigation costs etc.... This should be done within limitation period of three years from date of dealing.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

Deekshitulu.V.S.R (B.Sc, B.L) 10 January 2020

If the judge is not cooperatying, then file a petition to issue an arrest warrant to be served on the accused person by apponting a court commissioner. If the petitionis dismissed prefer a revision. then the higher court will react. This can be the only solution.