• Cheque bounce case

Had registered check bounce case under Sec 138, tried to send court summon via register post, all three attempts failed, the accused has fled away her rented home and I don't know the new location of her stay..

Now I have got Hand Summons to issue to her from court, I don't know her new address, what legal approach can I get to find her new address and give hand summons..

Kindly help me in this ASAP..

Regards
Yatish
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

1. if you do not know the new address then the case would go no where.

2.If you want to get result in the case then service of summons is essential.

3.You will have to wait till you know his address till which time there would be progress of the case.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

Section 64 and 65 offer solutions when the person on whom the summons is to be served, is not found. While the former talks about leaving the document in duplicate with any adult member of the family, the latter states that in cases where no member of the household is present, the summons should be affixed in some conspicuous part of the house in which the person ordinarily resides and subsequently declare that the summon had been served or issue orders for fresh service.

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

The court or police cannot do anything to locate her address if you are not guiding them properly.

It becomes your duty to furnish her correct address before court.

You have to somehow find her address either through any source to which she very close with or the neighbors of the previous address who may be knowing this or through any other source from your side.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

Since home address has been given as reference and the same address is mentioned by you in the complaint then you should serve summons to any adult member of her family if she is not present in the house

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

If you are aware of the company address you can send the summons to the office address by registered post.

The summons served on manager cannot be considered as proper service

The summons served by registered post to the fresh address will be considered valid

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

1. The court has, it seems, permitted you to serve the summons dasti on the accused, but this liberty granted to you will become meaningless if you do not have the address of the accused.

2. The summons can jolly well be served at the work address instead of the residential address. The process server of the court should be taken along so that he can file and give his report.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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