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Karnataka High Court

Hon'ble Judge(s): B. Padmaraj, C. R. Kumaraswamy , JJ

(A) Criminal P.C. (2 of 1974) , S.65— Negotiable Instruments Act (26 of 1881) , S.144, S.138— Summons - Substituted service of summons to accused in criminal trial - Is permissible - Fact whether accused is charged for offence under S. 138 Negotiable Instruments Act or under IPC - Immaterial. The mode of service as prescribed under S. 65 of Cr.P.C. is substituted viz. by affixture of one of the duplicates of the summons to some conspicuous part of the house of the accused. Such a mode or service of summons to the accused could be resorted to when the service of summons to the accused in the manner as contemplated under Ss. 62, 63 or 64 cannot be effective. In other words, when the summons to the accused cannot be served under due process of law, the same could be served by substituted method of service as contemplated under S. 65 of Cr.P.C. No doubt such a mode of service as prescribed under S. 65 of Cr.P.C. could be resorted to only after exhausting the other mode of service of summons under Ss. 62, 63 or 64 and the same having been found to be ineffective. But the fact of the matter is that the service of summons to the accused other than the personal service is recognized under law. That is to say, service of summons to an accused even in criminal trial could be effected by substituted service by affixture of one of the duplicates of the summons to some c....