The court shall receive your due acknowledgment that the summons under Crpc 69 by post were received by you on 21 March it is not an issue.

If you have any contact with lawyer at delhi you can inform him same and ask him, the next date for recording evidence is kept on the said date you can appear before the court. You shall be served summon again by the cout.

1) Try to attend the court, as her court requires you as witness and on your answer / suggestions the case result is going to declare, so don't give any trouble in court proceedings. Go free minded and answer all questions what ever they ask.

Since summons have been served to you only on 21st March you cannot appear on same date as you are in Chennai

2) wait for fresh summons to be served upon you and appear in court on next date of hearing

1. Well, once summons is served the witness is bound to appear in court and depose n the subject.

2. if he does not and if the witness is material to the case then the court to enforce his attendance can issue warrant of arrest.

3. Now if on the scheduled date the witness is unable to attend the through an advocate seek further time for his attedance.

4. If he is otherwise physically disabled to travel long distance then also he can through his advocate inform the court so the court appoints a commissioner to record your statement.

5. So engage an advocate in Delhi and act accordingly.

Dear Concerned,

This seems to be a strategy by the opposite counsel , Please contact any of the number below and send a FAX application for excusing from the hearing citing the above reason. Below are the contact details. Considering the dates above - warrants might be issued if you do not appear today. so better to act as above.

Facilitation Center / PRO contact no. [deleted]

Telephone exchange contact no. [deleted] / 29574545

email address: [deleted]

Hi

You need not worry. Retain the postal cover to establish the date of receipt of the summon by you.

Check the court record on line / through your other colleagues and keep track of the same.

If the court orders summons once again wait till you receive the same or you can appear during the next date of hearing if the matter is going to have some bearing based on your evidence.

All said and done, keep track of the developments and act accordingly.

Good Luck

If you are unable to come on 21st then engage a lawyer who may file an exemption application from your appearance and take further date for your appearance as witness

Regards

1) you should seek adjournment only through lawyer

2) no need for intimation by email / fax

Sir you can contact the prosecution lawyer through phone (the APP in case )he shall inform/mention your difficulty to court and shall further guide you for the next date.

He is the appropriate person to inform court as he is representing the case.for prosecution and he shall inform the court as to why prosecution witness are not present before the court rather than fax or e-mail(in most of court these are not available and are not appreciated, the legal representative informing same the court shall record reason of absence so better call him.and inform)

Also you received letter under acknowledgement so there is a record for the date you received so there is no difficulty in your case.

You have to file by a lawyer. Did anyone related to the case contacted you? It may be the otger witnesses or the person who filed the cheating case. If they have contacted you then you can share the reason. If lawyer/legal Advicer from their side has contacted you then you can share the reason to him so that he can take steps.

One more notice will be issued, no need to take any action urgently

You informed court immediately to registrar, who served the summons and inform to court that you have recd summons late, so you will be attending court next date.

Hello Good afternoon,

I would like to suggest you to appoint a lawyer at the earliest and appear in the court and inform the inconvenience and ask for next date when you could be present as the next step would be issuance of WA .

Hope this helps.

1. Personal information to court will not do. You require an advocate to delay the date.

2. Yes you require to file the adjournment petition through an advocate.

Hi

No need to be pro-active.

First check the status of the case on line / through some one from court.

Have full set of case papers at your disposal. Go prepared to court on next date of hearing.

Preferably appear through an Advocate.

Carry the postal cover and the original copy of summon with you.

Good Luck

Dear Sir,

My answers are as follows:

a) Should I contact the court immediately through email / fax to inform the situation (as suggested by Adv. Nehra) and later follow up with filing via a lawyer

Ans. I shall reply your bonafide question as a retired judge that there are no chances of getting any reply to your query either bye-mail or otherwise. Court is not bound to reply. You are the defense witness so better contact the concerned Prosecutor because he must be aware of where his witness reside and what is the correct address of the witness after so many years.

b) Should I file only via a lawyer and forget about immediate response through email/telephone/fax?

Ans: Courts are not correspondence Courts in India. Better engage any lawyer or get a friend of that place and try to contact the concerned Prosecutor. Get know the next date of hearing and appear on that date positively.

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Treatment of Witnesses

The present judicial system has taken the witnesses completely for granted. Witnesses are summoned to the Court regardless of the fact that they have no money, or that they cannot leave their family, children, business etc. and appear before the Court. But that's not all. On reaching the Court, some are told that the case has been adjourned (for reasons that may run into infinity) and the respective lawyer politely gives them a further date for their next appearance.

In the matter of Swaran Singh v. State of Punjab, the Supreme Court observed,

"A witness has to visit the Court at his own cost, every time the case is differed for a different date. Nowadays it has become more or less fashionable to repeatedly adjourn a case. Eventually the witness is tired and gives up."

The Court further held that while adjourning a case without any valid cause, a Court unwittingly becomes party to miscarriage of justice.2 Most witnesses have to wait their turn out. And when their time for deposing or the giving of evidence comes, the lawyers examine and cross examine them as if they themselves are the perpetrators of the crime.

You need not to worry , you were called as a witness by the court. As you have not get the letter before the date fixed means you have not been properly served for making compliance of order of court. Now the court will send you fresh summon/ letter for your appearance as witness for a next date to be fixed by the court.

The delay in postal department is not the fault of the court sending the summons.

If you are not able to attend the court to depose evidence as witness in the current case, just ignore the matter and remain silent. In case of any more notices received you may inform in writing to the concerned court stating that you are not able to travel to Delhi due to your financial constraints.

Thereafter you remain silent without entertaining any such notice, the court may decide to close your evidence by dispensing it

a) Should I contact the court immediately through email / fax to inform the situation (as suggested by Adv. Nehra) and later follow up with filing via a lawyer

If you undertake any action then you will be in trouble to attend the court, not once only, but on several dates.

Therefore better you remain silent and watch the developments.

b) Should I file only via a lawyer and forget about immediate response through email/telephone/fax?

Since you are a prosecution witness your lawyer will be public prosecutor, so you decide what can be done on this.

You can write a letter to the Registrar or prosecutor of the said court informing the same. You can inform the concerned police station to inform you in advance.