DAYARAM PMNANI Vs. VIJAY ANAND

JUDGEMENT

(1.) Heard on admission/stay.

(2.) Petitioner is the accused in the case and it is his submission that before cognizance, respondent did not submit the affidavit duly notarized by the Notary/Oath Commissioner, therefore, it was not the affidavit in the eyes of law in wake of judgement of Apex Court in the case of Indian Bank Association Vs. Union of India, 2014 (5) SCC 590. The said irregularity is fatal in the case. Complaint deserves to be dismissed on this ground alone. Trial court erred in taking cognizance over such incomplete complaint.

(3.) Issue notice to the respondents on payment of process fee through R AD mode within seven working days, failing which petition would entail dismissal without further reference to the Court.