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Deepakraj G (Legal adviser)     07 September 2014

Magistrate not signed order of issue of process

Accused were served with summons for an offence u/s 138 of N.I.Act.. Accused appeared in the court. Later, when the court papers were perused, accused and his lawyer noticed that the magistrate has not signed while presenting the complaint, nor signed on verifcation statment of the complaint and shockngly the order of process was also not signed. Now, kindly explaint what is the status of the complaint ? Is it a legal complaint in the eyes of law ? Does it require to quash and set aside ? Pls clarify


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     12 September 2014

You can take up the matter for quash after getting certified copies of the said documents.

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