How many summons are issued by court before issuing warrant
05-Jun-2023 (In Cheque Bounce Law)
How many summons court issues before issuing bailable warrant in cheque bounce case?
IF YOU DON'T RESPOND TO THE SUMMONS AND INSPITE OF SERVICE OF SUMMONS YOU DON'T APPEAR THERE IS NO RULE TO ISSUE ANOTHER SUMMONS THE COURT HAS THE POWER TO ISSUE BAILABLE WARRANT FIRST AND THEN IF U DON'T APPEAR THEN COURT CAN ISSUE NON BAILABLE WARRANT
What happens after 3 summons?
In criminal cases, if 24 summonses are not answered, the Court will issue an Non Bailable warrant against the person. This will be sent either to the Court Police station or the Jurisdictional Police station depending on how far the address of the accused is from the court.
What is the rule 4 of order 5?
A person is exempted from appearing in court under Rule 4 of Order 5. This applies if he does not live within the local jurisdiction of the court or. He lives more than 200 miles from the court. 13-Oct-2022
How many times summons will be issued?
If the court does not receive a reason for the summons, it will be sent two or three more times. The college will then issue a warrant for bail or no bail against the accused. You are in serious trouble now because the police are after your and you need to cancel the arrest warrant at the lower or higher court.
Hi ,
Only one summon issued is enough to issue bailable warrant of the accused in cheque bounce case , subject to the condition that the summon should b delivered to the accused and it’s report is in file before the date of hearing .
Thanks
Only one summon issued is enough to issue bailable warrant of the accused in cheque bounce case , subject to the condition that the summon should b delivered to the accused and it’s report is in file before the date of hearing .
Thanks
There is no such provisions regarding number of issuance of summons before issuing Bailable warrant. When the court is satisfied that summon is duly served to the party and any application is being made by the party for issuance of bailable warrant then the court may issue the same
Adv Suneeta Shukla
Adv Suneeta Shukla
In legal proceedings, including cheque bounce cases, the issuance of summons plays a crucial role in notifying parties involved in a case. The number of summons that can be issued before a warrant is typically determined by the court's discretion and the circumstances of the case. Here's an overview of the process:
- Filing a Complaint: When a cheque bounces, the payee (the person to whom the cheque is issued) may file a complaint against the drawer (the person who issued the cheque) under Section 138 of the Negotiable Instruments Act.
- Issuance of Summons: Once the complaint is filed, the court may issue a summons to the drawer, requiring them to appear before the court. The number of summons issued can vary. In many cases, the court issues one or more summons to notify the drawer of the case and give them an opportunity to respond.
- Purpose of Summons: Summons serve the purpose of notifying the accused (drawer) about the legal proceedings, providing them with an opportunity to defend themselves, and ensuring their presence in court.
- Failure to Respond: If the drawer fails to respond to the summons or does not appear in court despite being duly summoned, the court may proceed with further legal action, which can include issuing a warrant against the accused.
- Warrant Issuance: The issuance of a warrant is at the court's discretion and is typically considered when the accused repeatedly fails to appear despite receiving summons. It's a more serious step in the legal process and may lead to the arrest of the accused.
- Legal Counsel: Throughout this process, both the payee and the drawer have the option to seek legal counsel to represent them in court and guide them through the legal proceedings.
In civil cases, there is no limit on the number of summonses that can be issued before a Bailable warrant is issued. The court can issue summons to civil cases when it is satisfied that the summons have been duly served and if the party has made an application for the issuance of bailable warrant.
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