Upgrad LLM

summons/notice delivery rules


if summons/notice delivered any accused address where his mother and brother live but accused(in sec 138ni,420,406) not stay/any contact with family .so in that case can court issue x party order against that called accused.if yes then what can accused can do.if no so what will next step take by banks.

2.sir, if any person to present in India and his mother,brother etc. received notice/summons in that case what will next step should be taken by   so called accused.can his lawyer defend his case on his behalf. 
 
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Advocate

Summons/notices may be served on the adult male family members of the accused & after due service the Court may proceed further in the case.
On first appearance, the accused may take the plea that he couldn't get the knowledge of the case & issuance of summons/notices as he was not in the touch of his other family members. The burden lies on the accused.
 
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Lawyer in Hyderabad.wats app no.9989324294

AFter summons on accused, the next step is summons onthe witnesses of the parties, pleadings generally, plaint, written statement, set-off & counter-claim, Interrrogatories, settlement of issues or first hearing of the suit, affidavit, judgment, decree, Order.

 
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Sec.64 & 65 deals with service of summons. According to Sec.64 Cr.P.C.,  if the Accused is residing in a house and if at the time of service if the accused is not found in the house, the serving officer may serve the summons on adult male member of the family.  If there is no such adult male person, the serving officer shall affix one of the duplicate of the summons at the conspicuous part of the house.   But according to you in the given situation in the house only his mother and brother resides, but not the accused.  In the above situation,  the summons/notices are to be sent to the last known address of the accused persons.  If the summons are returned unserved or that  accused is avoiding service of summons/notices intentionally, the complainant may ask the court to issue Non Bailable Warrants u/s 70 Cr.P.C.  When the N.B.Ws are not executed for a considerable period and  present where abouts of the accused are not known, the complainant is at liberty to ask the court for issuance of summons by substituted service by publication in the news papers as provided u/s 82 Cr.P.C..requiring him to be present in the court on a specified date. Inspite of the paper publication, if the court is satisfied that the accused is not present on the date given, the complainant may seek the court u/s 83 Cr.P.C. to attach the property of the accused absconding.  But, however the trial cannot be proceeded with as long as the accused is brought before the court.   Summons can be served to any adult male member who is residing in the house along with the accused.  When the accused is not residing in the house where the summons were served, it is not a proper service.  The accused after coming to know about the issuance of N.B.Ws if any, can ask the court to recall N.B.Ws  evidencing before the court that he is not residing in the house where the summons were served and on the other hand he is living elsewhere. 

Under the Code of Criminal Procedure, exparte trial is not contemplated.
 
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sir u/s 82 cr.p.c. issued against me in 138 n.i. act. now tell me what i do....my lawyer say court must send you  jail for 2 days. And u needs to pay money to bank for cheque amount......but I not give any pdc to bank.

 
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Advocate

Hey i think you have posted your query in experts zone also isnt it?


 

 
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You did not furnish full particulars.  Please give me the full particulars for giving clear advice.  Sec.82 proclamation is only a publication  directing the accused to appear before the court on the specified date in the publication.  Simply you have appear before the court on the specified date through your counsel.  You need not pay the cheque amount on that day.  It is only after full trial the court may order for payment of the cheque amount. That stage is not yet reached.  You have to consult your advocate and obtain the docket proceedings to verify what steps were taken behind your back in the above case.   If any N.B.Ws are issued against you, you have to file an application for recalling the N.B.Ws. by showing the reasons along with proof your absence on the previous occassions viz., summons/notices are not served upon you or for that matter you are not the resident of the place where the summons are served and only on seeing the publication you came to know about the case.      

 
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bw issued in 138 n.i. two month before and on next hearing date my brother present in court with dd of that said amount.judge said give this money to bank....but that day no one bank person available in court...so we can not make payment of said amount...we make one mistake can't take lawyer in court for recall of nbw.but sir judge issue this 82 cr.p.c.i don't know why.....now we consult some lawyer they told me this judge must send you at least in two (2) days for jail...please help me what i do.....one more thing you said their publication in newspaper under this section 82.....but i see no publication in newspaper.

 
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Hello everybody,

 

                                   How can i delay issuance of criminal summons, is there any way, opposition filed false cases against me under 233. Please guide me

 

               

 
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Originally posted by :jose
"
Hello everybody,

 

                                   How can i delay issuance of criminal summons, is there any way, opposition filed false cases against me under 233. Please guide me. Will they issue summons even if the courts are closed

 

               
"
 
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