U/s 138 of ni act

basavaraj shiromani (Querist) 18 October 2011 This query is : Resolved
The Magistrate issued a summons against the accused on an application filed by the complainant to issue summons through Registered post but he was not paid the process fee. My question is- Issuance of summons to the accused without process fee is a technical error on the part of the magistrate or process is a mandatory aspect. Whether the complaint is maintainable ?

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Devajyoti Barman (Expert) 18 October 2011
It is very much a procedural error which does not have any bearing on the maintainability of the complaint.

Shastri J.K. (Expert) 18 October 2011
For which offence summons was issued ?

M.Sheik Mohammed Ali (Expert) 18 October 2011
yes, i do agree experts query reply

Sankaranarayanan (Expert) 18 October 2011
yes i agreed with all experts opinion.

Shonee Kapoor (Expert) 18 October 2011
:-)

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Biswanath Roy (Expert) 18 October 2011
Mr. Barman is correct.

prabhakar singh (Expert) 18 October 2011
YES ,Mr. Barman is correct.

Guest (Expert) 18 October 2011
IT MAY BE A GROUND BUT IT IS NOT A GROUND TO QUASH PROCEEDINGS. CASE WILL BE DECIDED ON MERITS.

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