THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 427
Service on pleader is not sufficient.
6 C.W.N. 927
Copy should be served and it is not enough merely to show it.
5 B. H. C. R. 20.
Tender amounts to service if summons is refused.
28 M. L. F. 505.
Refusing to receive summons is no offence.
II Warrant of Arrest
Section 75
(1) Shall be in writing, signed by the Presiding Officer, or in the case of a Bench of Magistrates, by any member of such Bench and shall bear the seal of the Court.
Warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
(2) Difference between Summons and Warrant.
Summons is an order to the person to be summoned.
Warrant is not an order to the person to be arrested. Therefore a person can be punished for disobedience of a summons. But he cannot be punished for a disobedience of a warrant.
5 W.R.ed. 71.
Section 76
Court may direct Security to be taken.
(1) The Issuing Court may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.
(2) The endorsement shall state.
(a) The number of sureties;
(b) The amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; and
(c) The time at which he is to attend before the Court.