CHEQUE BOUNCE CASE
T.Srinivas
(Querist) 22 October 2010
This query is : Resolved
Respected experts,
I issued a legal notice under Negotiable instrument act, said legal notice duly served to otherside, in the same notice by oversight i have written "Account Number of the accused instead of Cheque Number", However,now the criminal case is registered against accused and summons were issued by the Hon'ble court,
Now please suggest me what is the legal issue if accused asks about Cheque Number were not mentioned in the legal notice, please advise me its very urgent.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 October 2010
Most of the people write cheque no and forget about account no.
So no problem the law says from the account and not cheque no.
Raja
(Expert) 22 October 2010
it is ok. add your cheque number later by an application thru your lawyer.
SANJAY GUPTA
(Expert) 23 October 2010
I am not agree with the experts comments.
1. you can not write a account no in place of account no.
2. there is no need to write account no in your notice.
3.Hope your cheque no. is duly mentioned in your petition of complaint filed before court.
4. At the time of your cross examination if accuesed didnt raise the issue, in that case not an issue, if ask you the same then your have to reply that its an typographical mistake and you have mentioned the other details of the cheque rightly and also in your petition of complaint.
Vinod Singh Tomar
(Expert) 23 October 2010
No, there is no provision in criminal procedure code to apply to court for amendment of typographical mistake as we do have in C.P.C. U/S 151.In legal sense, your notice also falls below legal notice u/s 138(b) of N.I.Act,.Please go through 2009(2) CCC73 (P&H) PUNJAB AND HARYANA HIGH COURT in V.K. Gupta V/S Manjit Kaur,Villayagam & others V/S Subhash Chandran and etc. 2000(3) RCR (Criminal)4. These cases have been decided on the footage laid down by Apex Court in Major General A. S. Gauraya and another V/S S.N. Thakur and another,1988(1) Recent Criminal Reports3.
Adv. Vinod Singh Tomar
Pune
9923985728
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 October 2010
Very nice Mr Tomer , it is accepted fact that complaint can not be amended.
What I say that party has given ac no of cheque and it is sufficient. No need to amend it to put cheque no.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 October 2010
I request the experts to please develop this querry on the point that whether giving account no is sufficient.
On opposite side cheque no is given and account no is not given.What will be its status on the case.
s.subramanian
(Expert) 23 October 2010
Dear Brotheren,
The mistake in the cheque number is not fatal since the accused cannot dispute the dishonor the cheque issued by him,if the complainant proves that it is the cheque issued by the accused only. The mistake in the complaint cannot be amended since the magistrate has no inherent power to allow it and there is no specific provision in Cr.P.C. enabling such an amendment. It would taken as an admission in pleadings under Sec.17 of the Indian Evidence Act. But such an admission can be explained away as a mistake by the person making it. It is allowed in law. Hence the complainant,if cross examined on this point can very well take advantage of it and explain that it is a mistake only.
SANJAY GUPTA
(Expert) 23 October 2010
Kindly read the opinion carefully before comments as i didnt advice for any amendments in complaint and moreover thanks for reminding me as there is no such section in Cr.P.C. I am totally agree with Opinion of Mr. Subramanian.
T.Srinivas
(Querist) 24 October 2010
Respected experts, thanks for your valubale opinions, for your clarification i have written the cheque Number after sworn statement of the complainant in complaint filed by me before Hon'ble court, now what is the issue if otherside asks i have written the cheque number after filing of the complaint and also without permission from court.
