Process issued u/s 138 n.i.act without signtaure of magistrate
Deepakraj G
(Querist) 07 September 2014
This query is : Resolved
Accused were served with summons for an offence u/s 138 of N.I.Act.. Accused appeared in the court. Later, when the court papers were perused, accused and his lawyer noticed that the magistrate has not signed while presenting the complaint, nor signed on verifcation statment of the complaint and shockngly the order of process was also not signed. Now, kindly explaint what is the status of the complaint ? Is it a legal complaint in the eyes of law ? Does it require to quash and set aside ? Pls clarify
Devajyoti Barman
(Expert) 07 September 2014
The summons is irregular but not illegal.
Guest
(Expert) 08 September 2014
you can quash the complaint
Deepakraj G
(Querist) 08 September 2014
Thnx experts. Seeking more.
Advocate. Arunagiri
(Expert) 08 September 2014
You can obtain the certified copies and go for quashing it. It is a fit case to be quashed.
V R SHROFF
(Expert) 08 September 2014
Apply certified true copies of Complaint/ verification. \order to issue summon.
Then file Revision application IN SESSIONS COURT to set aside "ISSUE PROCESS" ORDER.
If your Application is allowed, THATS ALL.
And it will be allowed, if illegal..
T. Kalaiselvan, Advocate
(Expert) 11 September 2014
If gross irregularity is observed, chances of staff's over enthusiasm in return to the grafts received are more, as advised, obtain certified copies and move for quash.
