138 NI

padmarao (Querist) 05 February 2011 This query is : Resolved
After the complaint is filed by complainant in 138 NI Act Sworn statement was recorded by magistrate.sworn staement was impersonated and was recorded by some third party instead of complainant.PLZ let me know the consequences
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adv. rajeev ( rajoo ) (Expert) 05 February 2011
Complainant has sworn before the court not IIIrd party, on this ground complaint can be dismissed. Good ground to an accused.

Kirti Kar Tripathi (Expert) 05 February 2011
yes, it can be dismissed on this ground.

vijayan (Expert) 06 February 2011
not only a ground for acquittal, but also liable to be punished. If there is a counsel, he also can face the consequences.

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