Ni 138 case - accused name is incorrect
CreateGoodwill
(Querist) 09 April 2012
This query is : Resolved
I have filed a case in 2010 in the Kerala court. Court has issued BW against the accused..
while filing the case there was a mistake in the case the accused name is Raju Carriappa while we have mentioned Raju Kariyappa
the accused is not accepting the warrant as it does not below to him how to rectify the same so warrant is executed
pl guide
SAINATH DEVALLA
(Expert) 09 April 2012
Dear Amit,
Even if the error is severe enough that the defendant can legitimately claim that he was not legally served because of the wrong name, and the case is dismissed, such a dismissal would be without prejudice to the merits of the case, so all the defendant would gain would be the length of time it takes the complainant to refile using the right name.
Arvind Singh Chauhan
(Expert) 09 April 2012
In may opinion it is not a serious mistake. It can be amended with the permission of court. But only if rest of the address and father's name is correct.
Nadeem Qureshi
(Expert) 09 April 2012
Dear Querist
you should file an application for amendment
feel free to call
Shonee Kapoor
(Expert) 10 April 2012
The application for amendment may not be accepted.
Benefit to the accused.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 12 November 2012
Name is same
It is spelled accordingly.
Rupa & Roopa
or Punam & Poonam
C & k pronounces the same
Names are not English Name.
You identify him as the same man.
File Affidavit that Raju Carriappa is the one and the same man : Raju Kariyappa
You ask court to issue summon in name as alioas.
If utr Application is rejected, Appeal in the interest of justice.
To avoid proceeding, he gave you different name.. it amt to cheating if he says the cheque do not belong to him, or he is not the accused.
