Process issued by court without taking verification or affid
Querist :
Anonymous
(Querist) 19 April 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 liable to be transferred to Gujarat as per the ordinance and a transfer order was passed accordingly 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 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 process has been issued in spite of that and is now objecting to recording of plea of the accused. What to do in this case? Thanks in advance.
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