a criminaml complaint u/s 138 n i act was filed by the power of attorny, with a defective power of attorny (the execution date of the SPOA is an year ealier than the date on which the stamp paper has been purchased:
I need to know the following: can a magistrate effect correction in the SPOA of his own without seeking reply from the complaianant in an application moved u/s 311?
Is the initial defect in the complaint not curable as the summoning of the accused was based in the complaint u/s 138 based on the defective document.
Can the accused move an application before the CJM or the Hon'ble High Court for quashing of the summoning order, please clarify.
Best regards
a sufferer
