Discuss the provisions related to the mode of service of summons by the Court under Section 144 of the Act.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
Discuss the provisions related to the mode of service of summons by the Court under Section 144 of the Act.
Answer & Explanation:
Section 144 of the Negotiable Instruments Act, 1881 (Act), provides for the mode of service of summons by the Court, notwithstanding anything contained in the Code of Criminal Procedure, 1973. Provisions under Section 144: Service by Speed Post or Courier (Section 144(1)): A Magistrate issuing a summons to an accused or a witness may direct a copy of the summons to be served at the place where such accused or witness ordinarily resides or carries on business or personally works for gain, by speed post or by such courier services as are approved by a Court of Session. Deemed Service (Section 144(2)): Where an acknowledgment purporting to be signed by the accused or the witness, or an endorsement purporting to be made by any person authorised by the postal department or the courier services that the accused or the witness refused to take delivery of summons, has been received, the Court issuing the summons may declare that the summons has been duly served. These provisions aim to streamline and expedite the process of serving summons in cases related to dishonour of cheques.
Topics: Negotiable Instruments Act, 1881
Related Questions in this Topic
- Explain the provisions when a banker must refuse payment and when a banker may refuse payment under the Negotiable Instr...
- In the city of Patna, Amit wrote and signed a document stating, "I promise to pay ₹ 50,000 to Bharat after six months, p...
- Neeresh draws a cheque of ₹ 50,000 on his own account payable to Gukesh, but he only has ₹ 20,000 in his account. Gukesh...
- Ravi maintains a current account with XYZ Bank in Delhi. On 15th March 2025, a cheque was issued in his favour by Meena ...
- Ravi Enterprises issued a written instrument to Mehta Traders stating: "I owe you (I.O.U.). ₹500 and will pay you as soo...