Process issued against accused without taking verification
Dhrumil Suchak
(Querist) 13 May 2016
This query is : Resolved
My client had filed a complaint u/s 138 of NI Act in Mumbai but he hadn't paid required court fee and had moved an application for granting some time to pay the same which was granted by the court. Now since court fee was not paid, verification was not taken and issuance of process was not ordered for. On the next date, the complaint was transferred to Gujarat as per the ordinance after a transfer order was passed by the court. The case was then filed with the appropriate court in Gujarat, court fee was paid as applicable in Gujarat and process was issued by the court clerk which was duly served and the accused started appearing in the court on dates. Now the advocate for the accused has pointed out the deficiency that verification has not been taken and so the court cannot be said to have taken cognizance of the complaint and also, process has been issued without an order regarding the same and hence, he is now objecting to recording of plea of the accused. What to do in this case? Thanks in advance.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 May 2016
I have similar case going on a Surat Gujrat. Since there is no verification and or order but the process was issued.
Now when pointed out the court says it can not go back.
Session court says take it in evidence.
Only remedy is HC but is costly.
So we have dug up various other issues , which can be done in your case also.
Pl show the case file for proper guidance.
P. Venu
(Expert) 14 May 2016
Yes, certain steps cannot be traced. The objection of the accused may not matter much unless he can establish any prejudice inflicted on him on this count.
Rajendra K Goyal
(Expert) 14 May 2016
Go for appeal if court accept the plea of accused.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 May 2016
I had replied in the understanding that you are from accused side but it seems that you are from complainant side.
So even if the court accepts plea or not the case will drag but no final verdict .
There will be first question by any defense advocate even a JUNIOR ONE that whether VERIFICATION was DONE and OR PROCESS ISSUED by the COURT and complainant has to reply in negative.
At this stage the court has to dismiss the case.
You have now remedy of filing civil case summery suit, there also the defendant can take plea of your mistakes in criminal case but it will need very expert advocate.
ADVVOCATE DEFENSE.= firmaction@gmail.com
T. Kalaiselvan, Advocate
(Expert) 16 May 2016
The opinions expressed by expert advocates above appears to be acceptable, however you may go by your advocate's advise.
