Process issuing order not signed by magistrate
Deepakraj G
(Querist) 20 October 2013
This query is : Resolved
In one of the complaint u/s 138 of N.I.Act, the Magistrate has not signed the acceptance , verification and issue process order.Merely complainant has signed the complaint and verification. In spite of that summons were served. What is the status and legality of the complaint ? Is not Non Entia ( Things in Non Existance). Pls clarify.
Devajyoti Barman
(Expert) 20 October 2013
This is technical irregularity and does not cause any harm to the merit of the proceeding.
ajay sethi
(Expert) 20 October 2013
if you want to delay the proceedings move sessions court aginst issue of summons on grounds that magistrate has not signed acceptance , verifcation of complaint nor signed ordder for issue of process
Thyagarajan
(Expert) 20 October 2013
Judges are particular that complaints are processed step by step. Looks like administrative error. During hearing you can bring the lapse to the notice of judge and he may reject the complaint if summons were issued without justification and his knowledge.
Thyagarajan
(Expert) 20 October 2013
Judges are particular that complaints are processed step by step. Looks like administrative error. During hearing you can bring the lapse to the notice of judge and he may reject the complaint if summons were issued without justification and his knowledge.
M V Gupta
(Expert) 20 October 2013
I agree with Mr. Tyagarajan's suggestion.
venkatesh Rao
(Expert) 20 October 2013
Issue of summons presupposes the fact that the complaint has been filed/presented before court, cognizance taken and summons is ordered. Normally the judge makes endorsement on the original complaint for having received it. It is the copy of the complaint that is attached to the summons. which does not contain any such endorsement of the judge.
Raj Kumar Makkad
(Expert) 21 October 2013
The accused cannot take benefit of such minor technical error.
Rajendra K Goyal
(Expert) 23 October 2013
Agree, accused can not take benefit of such minor technical errors.
Deepakraj G
(Querist) 30 October 2013
Thanks to all experts.
Deepakraj G
(Querist) 30 October 2013
But is it not "Non Entia" ? The things not in existance.
venkatesh Rao
(Expert) 30 October 2013
Not at all. It is only irregularity that can be cured.
Deepakraj G
(Querist) 03 November 2013
thnx ver much to all experts.
