138 NI Act, error in legal notice

Querist : Anonymous (Querist) 17 February 2011 This query is : Resolved
I received Legal notice of 138 Of N. I. Act in this notice there is some mistakes
1) Mistake in proprietor name who given notice.
2) The notice received without sign of advocate.
In this basis the case is dismissed or not please help me.

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Basavaraj (Expert) 17 February 2011
this can be considered as clerical mistakes, by oversight it would have been happened.

In this basis the case cannot be dismissed bacz your acknowledge the receipt of notice and you are aware about facts of the case.

If you wish to send reply then point out their mistakes in your reply.

There are certain judgments have been held on this query by Supreme Court.

Kirti Kar Tripathi (Expert) 17 February 2011
I agree with Mr. Basavraj, However the notice can be corrected by issuing a corrigendum during the period of limitation.

indrajit mukhopadhyay (Expert) 17 February 2011
mistake of name and not signing by advocate is not the essential criteria of notice u/138 of N.I ACT.What is most important is that whether the cheque was bounced due to insufficient fund and notice was served within the statutory period.

SAANJAAY GUPTAA (Expert) 18 February 2011
I also agree with Mr. Basavaraj

Advocate. Arunagiri (Expert) 18 February 2011
These are clerical mistakes, this can be a ground for ignoring the notice.

Sarvesh Kumar Sharma Advocate (Expert) 18 February 2011
yes,clerical mistakes.
just show it to the court can be take action but however it's not a ground.

Querist : Anonymous (Querist) 20 February 2011
The complainant can file complaint through authority letter is it correct or wrong .
The authority letter was made by complainant on simple white paper it means without using stamp paper & without prior permission of the honorable court.

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