VISHNUKUMAR RATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the writ applicant -original complainant, has prayed for the following reliefs;

(2.) It appears from the materials on record that the writ applicant has filed a criminal complaint under section 138 of the N.I. Act in the court of the learned JMFC, Gandhinagar registered as the Criminal Case No.4131 of 2017. It also appears that after taking cognizance and issue of process to the accused, summons were issued in that regard to the accused. However, for some reason, the summons could not be served upon the accused. According to the learned counsel, the accused are trying to evade the service of the summons. In such circumstances, the complainant filed an application for issue of fresh summons. The writ applicant also prayed that the direct service of the summons be given to him so that he can serve the accused. The court concerned has passed an order "fixed for hearing" in the said application. Such order is at page-23-A. I wonder what was in the application, which necessitated hearing of the same. The court could have issued fresh summons as prayed for. I am told that the matter has now been adjourned for hearing of the application which is at page-23-A in the month of March.

(3.) This writ application is disposed of with a direction to the court concerned to issue fresh summons at the correct address and ensure that the same is served upon the accused in accordance with law at the earliest.