Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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138of ni act

(Querist) 05 March 2013 This query is : Resolved 
A FILED A COMPLAINT AGAINST B WHO ISSUED

TOTALLY 3 CHEQUES IN THE FAVOUR OF A WHICH

WERE 2 WAS IN THE NAME OF B THAT IS

PERSONAL CHEQUE 1 WAS B'S COMPANY NAME TOTAL

CHEQUE AMOUNT WAS 6 LAKHS BUT A'S CLAIM WAS

ONLY 4 LAKHS,BECAUSE A AND B ENTERED INTO ONE

AGREEMENT THAT AGREEMENT STATED THAT ONLY

2 PERSONAL CHEQUES ONE COMPANY CHEQUE WAS

ISSUED SUBSEQUENTLY FINALLY 3 CHEQUES WERE

RETURNED,LEGAL NOTICE ALSO ISSUED TO B IN

THE NAME OF B ONLY, INTHE MEANTIME

COMPLAINT FILED AGAINST ONLY IN THE NAME OF

B,AT THAT TIME OF TAKING SWORN THE JM

TOLD WE CONDUCT THE SWORN ONLY BASED ON

PERSONAL CHEQUE NOT THE COMPANY CHEQUE

BUT HE ACCEPTED 3 WERE IN THE NAMEOF B AND

THE SIGNS WERE ALSO SAME BUT ONE IS COMPANY

YOU WERE NOT ISSUED NOTICE TO THE SAID CO

AND ALSO YOU FILED ONLY IN THE NAMEOF B

IN THIS STAGE THE CASE WAS PENDING BEFORE

THE COURT.

QUERIES ARE

1.THE AFORE SAID STORIES WERE ALL STATED

IN THE NOTICE AND THE COMPLAINT BUT

THE SAID B RECEIVER THE NOTICE HE DIDNOT

REPLY.

2WHETHER ANY CITATION AVAILABLE

3.ANY PROVISION TO AMEND THE COMPLAINT .

PLEASE TELL ME VERY URGENT

DEFENSE ADVOCATE.-firmaction@g (Expert) 05 March 2013
If you are a complainant than very good case for defense to win.
Raj Kumar Makkad (Expert) 05 March 2013
1. As the notice was no issued to company, B is not liable to reply on its behalf and therefore no adverse inference can be drawn on that account.

2. Citation on which point?

3. Such complaints are hipper technical so if notice to the company was not given within the stipulated time, no complaint is maintainable against it. Otherwise also a separate complaint for each cheque is required to be filed.


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