138 ni act
Legal_Query
(Querist) 17 August 2011
This query is : Resolved
Dear All,
a partnership firm issued a cheque which got bounced. a notice was sent u/s 138 ni act, in which the name of the firm was written wrongly as xyz group instead of xyz enterprises. notice was recieved and duly replied stating that they donot have any concern with the said firm and the said cheque was issued by their firm xyz enterprises. one month notice period had elapsed what recourse can be availed in such circumstances apart from again bouncing the cheque. can an addendum be sent citing typo error.
kindly respond urgently.
thnks in anticipation
Rajarshi Bhowmik
(Expert) 17 August 2011
yes, though it is the law that notice has to be served in proper manner but as it was a purely clerical mistake it can be rectified there are certain decision of the apex court in this regard. You have not mentioned you are in whose side therefore it is very difficult to give any suggestion. For details you may visit www.rajarshibhowmik.webs.com with giving all details.
ashok kumar singh
(Expert) 17 August 2011
you can file a case under section 138, even though your stated facts remains with you, you have notice that the cheque number and drawn on bank is the concern of the said partnership firm, which they did not denied, a typographical error may occur in writing the name of firm, does not bar to file cases against firm. plz. proceed to file case. thanks.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 August 2011
Mistake is a mistake no excuse allowed at this stage after issue and reciept of notice. You could have corrected is earlier not now.
prabhakar singh
(Expert) 18 August 2011
I too would like to share with majorty but would not advise you to serve him with any explanatory notice,in that case best course
is to present the cheque once more and then if it bounces, send a fresh notice free of all errors well with in time of 15 days,thereafter file complaint in 30days.
Legal_Query
(Querist) 19 August 2011
can u pls suggest relevant citation in favour of complainant under these circumstances.
thnks
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 August 2011
For fresh bounce second notice illegal as per recent SC judgment, pl see it in files section put up by me.
Advocate Bhartesh goyal
(Expert) 18 August 2011
