hello there once again, after a long time !
a complaint was presented under 138 NIA in courts, it was mentioned in the complaint that the legal notice served to accused was refused by accused to receive, but this refusal notice was not presented by applicant along with the complaint (rest other related documents were submitted) to the courts. Even though the courts have taken the cognizance (with out submission of refusal notice of accused).
i wish to ask if such cognizance can be challenged or not ? in case of yes, please suggest the guidelines (section / sub section / judgement).
regards
arvind