LAWS(DLH)-2009-10-128

VICTORIANO P DUNGCA Vs. R L THAPLIYAL

Decided On October 30, 2009
VICTORIANO P DUNGCA Appellant
V/S
R L THAPLIYAL Respondents

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal procedure, 1973 (Cr. P. C.) assails the summoning order dated 24. 04. 2009 passed in a complaint filed by the respondent against the petitioner under Sections 174 and 175 of the Indian penal Code, 1860 (I. P. C.) pending in the Court of Additional chief Metropolitan Magistrate, Patiala House Courts, Delhi.

(2.) ONE of the main contentions raised on behalf of the petitioner was that in the aforesaid case, the summons calling upon the petitioner to appear for interrogation in the office of the respondent was not served upon the petitioner in accordance with Section 37c of the Central Excise Act and therefore, once this service was not effected in accordance with the said provision the question of violating the provisions of Sections 174 and 175 of the IPC on the part of the petitioner did not arise.

(3.) TO appreciate the contentions of the parties, it would be appropriate to take note of Section 37c of the Central Excise act, which reads as under: 37c- Service of decisions, orders, summons, etc. . (1) Any decision or order passed or any summons or notices issued under this Act or the rules made thereunder, shall be served, -by tendering the decision, order, summons or notice, or sending it by (a) registered post with acknowledgment due, to the person for whom it is intended or his authorised agent, if any;if the decision, order, summons or notice cannot be served in the (b) manner provided in clause (a), by affixing a copy thereof to some conspicuous part of the factory or warehouse or other place of business or usual place of residence of the person for whom such decision, order, summons or notice, as the case may be, is intended;if the decision, order, summons or notice cannot be served in the (c) manner provided in clauses (a) and (b), by affixing a copy thereof on the notice board of the officer or authority who or which passed such decision or order or issued such summons or notice. Every decision or order passed or any summons or notice (2)issued under this Act or the rules made thereunder, shall be deemed to have been served on the date on which the decision, order, summons or notice is tendered or delivered by post or a copy thereof is affixed in the manner provided in sub-section (1 ).