R NAGESH Vs. VINCENT ALVA

JUDGEMENT

(1.) PETITIONER has called in question the proceedings in C.C. Nos.3643/2008 and 3670/2008 pending on the file of III Addl. Civil Judge (Jr. Dn.) and JMFC., Udupi.

(2.) RESPONDENT is the complainant, who had filed complaint against the petitioner under Section 200 of Cr.P.C., for the offence punishable under Section 138 of the Negotiable Instruments Act. Based on the complaint, the learned Magistrate took cognizance and recorded the sworn statement of the complainant and considering the same, has ordered for issue of summons.

(3.) IT is not in dispute that the complaint is not signed by the complainant. However, it is also not in dispute that the complainant was present before the Court when the complaint was presented. His sworn statement is also recorded. It is not in dispute that the parties have understood that the complainant has filed the complaint and the learned Magistrate has also taken on record the documents. Merely because complainant has not signed the complaint, it cannot be said that it is an incurable defect.