Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd.

Facts

• In a complaint case, the Magistrate issued summons to the accused (a company and its directors) for appearance.
• The summons were returned unserved with the report that the accused were avoiding service.
• Without further attempts at personal service, the Magistrate ordered service by affixture (substituted service).
• The accused challenged the proceedings for improper service.

Issues

1. Whether substituted service of summons can be ordered without exhausting personal service methods.
2. What constitutes due diligence before resorting to substituted service?

Held

• Service of summons must first be attempted personally on the accused as prescribed under S.62-64 CrPC (S.64-67 BNSS).
• Substituted service (affixture, publication) is a last resort, permissible only after the court is satisfied that personal service cannot be effected with due diligence.
• Mere one unsuccessful attempt does not constitute due diligence.
• The court must record reasons for being satisfied that personal service is not reasonably practicable.
• Under BNSS, S.64 additionally provides for electronic service (email, SMS), expanding the modes available before resorting to substituted service.

Ratio Decidendi

The right to receive proper notice of proceedings is a facet of natural justice. Summons in criminal cases, where personal liberty is at stake, must be served with greater rigour than in civil matters. Substituted service requires judicial satisfaction of impracticability.