Amendment to a complaint in 138 n.i.act case

SRIBHASHYAM MURALIDHAR (Querist) 14 June 2013 This query is : Resolved
A Complaint U/Sec.138 of N.I.Act was filed. In that case the Accused issued cheque on behalf of Firm. Due to oversight Firm was not made as party to the proceedings. Is there any provision or citation to amend the Complaint, in order to bring the Firm on record.

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Devajyoti Barman (Expert) 14 June 2013
Amendment for correcting cause title is allowed in criminal proceeding.
Search indiankanoon.org.

DEFENSE ADVOCATE.-firmaction@g (Expert) 14 June 2013
This is not the mistake on case title only but it amounts to adding the name of the party.

Whether same mistake was done in issuing notice , if yes than no amendment possible.

If no than you can try but other party will oppose and the matter may go to revision on this issue alone.

Rajeev Kumar (Expert) 14 June 2013
Agree with experts

Rajendra K Goyal (Expert) 14 June 2013
Agree with Advocate defense.

SRIBHASHYAM MURALIDHAR (Querist) 14 June 2013
I Thank all my colleages for replying to my query. While issuing notice to the Accused, firm was not made as party.

V R SHROFF (Expert) 24 October 2014
If cheque was issue by firm, firm must be a party .

Anirudh (Expert) 24 October 2014
Advocate Defense has already indicated that if the Firm was not included while issuing notice, then amendment is not possible to include the Firm's name in the complaint.

Devajyoti Barman (Expert) 25 October 2014
yes, firm needs to e added as party.

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