Is examination of complainant necessary before issue of process in a case u/s 138 of n.i.act

Deepakraj G (Querist) 02 September 2013 This query is : Resolved
Sir, Is it necessary to examine the complainant before issue of process in a case under 138 of N.I.ACT ? Bombay HC Full bench says Not necessary (Cri WP 2523/2010 Rajesh chalke vs Emco Dyna). Is there any latest Supreme court Judgement on point that Examination is necessary ? Pls advice.

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Raj Kumar Makkad (Expert) 02 September 2013
Examination means only affidavit of the complainant is necessary.

Deepakraj G (Querist) 03 September 2013
Sorry to add. Even there is no presentaion sign or stamp or sign on order of issue of process by Magistrate ? Even then complaint is maintenable ?

Raj Kumar Makkad (Expert) 04 September 2013
If complaint itself has not been entertained by court under its sign and sel then the process issued thereon is invalid.

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