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Showing posts with label inspite of verification of complaint. Show all posts
Showing posts with label inspite of verification of complaint. Show all posts
Monday, November 26, 2012

whether the complaint without the signature of the complainant, inspite of verification of complaint, is “non-entia” and whether no prosecution can lie on such complaint?-whether it is a mere irregularity and it can be cured subsequently and whether such subsequent amendment would relate back to the date of filing of the complaint or whether it would hit by the Law of Limitation.=we hold that the complaint under Section 138 of the Act without signature is maintainable when such complaint is verified by the complainant and the process is issued by the Magistrate after due verification. The prosecution of such complaint is maintainable and we agree with the conclusion arrived at by the Division Bench of the High Court.

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advocatemmmohan

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advocatemmmohan
since 1985 practicing as advocate in both civil & criminal laws. This blog is only for information but not for legal opinions
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