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Riyaz Ahmed   27 June 2023

Summon service abroad

Accused u/s 138 ni act residing in saudi arabia and not responding to summons &returned summons without endorsement.What is the remedy


 4 Replies

Dr. J C Vashista (Advocate )     27 June 2023

What is reason / remarks for return ?

It is better to consult your lawyer as s/he is well aware about facts of the case.

T. Kalaiselvan, Advocate (Advocate)     27 June 2023

You cannot look for any remedy even if decides to not to appear before after receiving summons

It will not be possible to extradite the accused from foreign country for this purpose.

You have to wait and watch vigilantly over his arrival to execute the bailable warrant if you have obtained one from court in the meantime.

Niharika Lohan   28 June 2023

Hi, I’m Adv. Niharika and here is my take on your query.

S.138, N.I. Act follows the criminal procedure as laid down by Cr.P.C.and it provides  for Limitation in Chapter XXXVII u/S.462-473

S.470 CrPC lays that when an offender remains absent from India or conceals himself from process, the limitation period remains suspended till the time he does not return to India. Rest assured the period of limitation is not running currently in your case as the offender is residing abroad in Saudi. You can send him a notice via Court when he comes  back to India.


Alternatively you can read Chapter VII-A S.105A-L of CrPC which lays provisions regarding Reciprocal Arrangements, please pay close attention to S.105B wherein the Court will issue a warrant to such person who is absent from India in the form as the Central Government may provide. I will be honest to tell you that it is a lengthy and time consuming process as the embassy will also get involved.

My advice to you would be to sit back, relax and wait for the offender to return to India along with submitting an application to the Police regarding the absence of such person so that they will also be vigilant upon his arrival.

I hope this helps and in case of further questions you can contact me via email at

Riyaz Ahmed   28 June 2023

Thanks for the reply

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