Legal Question in Criminal Law in India

There are five cases for five monthly instalments of five cheques u/s 138 of same loan transaction against three partners as well as the Firm, in all the cases Summons sent by Regd post were served, so bailable warrants against all three partners were issued. Only in one of five cases, bailable warrants against all three partners were executed. In remaining four cases, bailable warrants against only two partners were executed, on third one could not be executed, so trial is not going on further in four cases. When application as per SC rulings (1.In Re Expeditious Trial Dated 16 April 2021 SC held at para 24 (5) 2. Vani Agro Enterprises dated 5 September, 2019 SC held at para 4) was filed for deemed service of bailable warrant in all four cases also and conduct trial of all 5 cases on one hearing date, Hon’ble Trial Court asked please let it know how proceedings will be held in all five cases on one hearing date.Please guide .


Asked on 9/09/23, 12:21 pm

1 Answer from Attorneys

in case the service is effected in one case, it cannot be presumed that the respondent is served in other four. Thus clubbing all five cases may not be possible as four are on service to the respondent and one is for appearance. However, it is important to go through the court orders for a better opinion.

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Answered on 9/10/23, 11:05 pm


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