Legal Question in Criminal Law in India

Under NIA Sec 138

Dear Sir, M�m

Good Evening

How to issue summon under sec 138(NIA)

The fact of the matter is that our client received cheque of Rs.3,00,000 from the party. The cheque was dishonored by the bank and having endorsement that account is closed. At the time of issuing the cheque, the account was not closed but at the time of depositing the said cheque with the bank the party�s account was closed. Now party is not traceable. The party left the town. We inquired about his whereabouts but address is found but he is not leaving there. PlZ. let me know how V should proceed further.

If it is convenient to u pl. inform us immediately.


Asked on 10/13/08, 9:26 am

5 Answers from Attorneys
Sanjay Shah Shah & Shah

Re: Under NIA Sec 138

dear,

mail that notice on the addresses best known to you and the address which he mentioned in bank account.

or his registered office, residence etc. as soon as possible and within limitation. any other assistance contact me at [email protected]

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Answered on 10/13/08, 11:58 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Under NIA Sec 138

There are ways out under CrPC. Summons, pasting of summons, warrant, proclamation and attachment. you can if you have not ask court to send summons to last Known address and then proceed further and declare the accused as proclaimed offender.

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Answered on 10/16/08, 9:36 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Under NIA Sec 138

You may get summons on the last known address. Thereafter, you may have Warrant issued. A Warrant can be executed anywhere in India.

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Answered on 10/14/08, 2:38 am
G. M. Gupta gmguptaandassociates

Re: Under NIA Sec 138

u can send the notice on the last correct address available to you. and then u can file complaint. police will trace him after you will file the compalint.

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Answered on 10/14/08, 4:59 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Under NIA Sec 138

The procedure for service of summons as given in the Cr. P. C. will be applicable. In criminal cases, usually the summons are served through the State agency/police station.

If he is not traceable, and service is not effected on this ground, he may be declared by the court a "Proclaimed Offender" and his property may be attached.

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Answered on 10/14/08, 6:57 am


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