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

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