V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 06 January 2012

Summons warrant serving

SERVING THE SUMMONS OR WARRANT

Court direct it to concerned police station, or Deliver it to Complainant BY HAND DELIVERY to serve it on accused, say a 138 NI Act Summon or NBW.

Police try to extract money from both the sides, and at least few occasions, do not serve it.

All Excuses are "Busy c bandhobust, House Locked, Gone Out, etc etc, and for every such excused, he ger Rs. 500-5000.

{The accused is saving interest of say Rs. 2 Lakh average cheque, Rs. 4000 pm , if delayed service for 2 years , he saves 1 Lakh, and can easily part with Police serving summons to the tune of Rs. 20,000/-

So as Complainant is losing, he starts bribing to serve Summon or Warrant, paying N I CASES.

equal amount, and thereby it Delay Trial/ Proceeding in tang STEPS only by almost One year in all average

Though it is Summary Suits, and need be expedited, and Crores of Rupees are held up adversely affect Indian Economy and Business, Police do not co-operate , this being Private Complaint, and that is a source of their income.

Complainant suffers like anything. , and their Money blocked up, being harassed, have to spent on Court Fees, Litigation Charges and what not.

My Suggestion is: this being Private complaint, why can't the summon/ warrant serving be delegated to Private Agencies with equal Power of Police, to Expedite this matter, and remove at least one Lacuna of Court Proceedings??

Observe Traffic, Private Towing Services, it really removed 90% wrongly Parked vehicles from Mumbai Roads.

To Correct Police force at this juncture looks next to impossible, but if Delegated to paid Private services, it can be very effective.

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2 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 06 January 2012

Power of logic is power of defense. It is power of negative , more you dive deep you will find pearls of defense.

You can not prove positive by logic but easy and simple to demolish . Power of defense is immense and perpetual.

SO DEAR SIR DEFENSE HAS MANY MANY WAYS TO AVOID, WHATEVER YOU DO.

Kumar.............. (Engineer) 06 January 2012

Sir , You are very correct Chroff Sir,

As a normal public who is suffering the NI 138 case, this is very very good idea and to be implemented. We lost many to that culprit and still suffering from the mediator culprits (like police, court assistants, junior lawyers etc).Really I decided that next time I will never go to the court and go to the "Gundas" instead. Even I will give 50% to them and I can save other 50% instead of loosing all to the above culprits and waste of time. My case filed on jan 2010 and the accused never came to the court, Until now summons not served and the accused bought new "Honda city" car and driving in front of me. I can't to anything since my case is in court. I am having the Old motorcycle and struggling.

So the court will fast the proceedings and give the punishment as early as possible to not cheat more persons in the period of court delay judgements.

Jai Hind