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madhu mittal (director)     20 May 2013

Non returning of summon-b/w-a/w

The learned Magistrate should remember that it is the duty of the Court and the police to secure the presence of the accused in a case, and it is no part of the duty of the complainant to secure the presence of the accused, this was held by Hon’ble  HIGH COURT OF ANDHRA PRADESH in a case u/s 138 N I Act named  Devi Pesticides Pvt. Ltd v/s Sri Sai Balaji Fertilisers decided on 11.11.2002(MANU/AP/1264/2002).

Many a times, in a case u/s 138 N I Act, cognizance is taken, court issued summon and sent Police Station for execution, but at hearing dates, summon is not sent back to court, either as executed or non-executed. So is the cases with Bailable Warrant and Arrest Warrant.  What action in court should be initiated, so that he should not suffer further, whenever Summon-B/w-A/w is not got returned, In spite of showing the above citation, the court simply gives next date of hearing. So let me know what should complainant to do, in this position as he is real sufferer.


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