madhu mittal (director) 12 July 2012

Non serving of summon etc

For cases u/s 138 N I Act, summons/bailable warrants/arrest warrants are sent to Police for execution. But many a times neither they were returned after execution nor without execution. In court, next date of hearing say after 4 or 5 months is given, again the same position may remain. execution of summon etc. is the duty of police and court, but real sufferer is complainant. Please let me know what remedy is available to complainant, whether not sending the summons/bailable warrants/arrest warrants on hearing date to court, comes under contempt of court or any other remedy.

Reply Follow

2 Replies

Anish Thakur 7018812737 (advocate) 12 July 2012

serve the summons by way of publication

surjit singh (Assistant) 12 July 2012

Generally the publication by news paper is done in civil matter, but since this is a case of semi criminal nature, the court can direct the concerned SP for execution of the arrest Warrant issued by the court, but before issuing of arrest warrant the process of issuing baillable warrant etc. are to be followed. There cannot be a next date after 3-4 months. If that is so you can point out to the court for giving a reasonable period for the next date which probably would be after 15 days.

In case of repeated reminders to the SP concerns the warrant is not served or no information is provided back to the Court regarding the execution then, the Court can call the SP to the Court or ask for a reply in the matter, but for this it will be better on your part to pray before the Court for the same.