negotiable instruments act
Ashvin Khambhata
(Querist) 25 November 2009
This query is : Resolved
Dear Sir
I have filled one complain u/s 138 of N.I act wherein i found during trial that husband and wife were holding joint account &opreate by either of them. At time of issuing notice i could not idetify signature so by mistake i have issued notice to wife but in real cheque is issued by husband .I have filled complain against wife now my question wheather i can ractify my mistake at this stage?
ESTHERPRIYA
(Expert) 25 November 2009
It is a major mistake. You need to say about the joint operation of account in the legal notice and then only both of them will be held liable for the act committed by them. You can file petition to rectify it and argue the matter by showing prejudice will be caused to you. If judge is satisfied then he may allow the petition to rectify but it is purely on the discretionary power of the judge. As you have issued notice only to wife without saying anything about joint operation of account.
Sachin Bhatia
(Expert) 25 November 2009
It is a major mistake. Now you can only take the ground that wife had issue you the cheque but she has not signed the cheque in your presence.
Raj Kumar Makkad
(Expert) 25 November 2009
padampriya! under which section the criminal complaint filed under section 138 NI Act can be amended?
Mr. you have to tell who had issued you cheque and who was having an enforceable debt towards you? It hardly matters wthere the account is joint or single. Question is that the cheque was issued by the person in discharge of his legally enforceable debt. Now you know better who was under debt of you and what was the transaction under which it was issued?
In my view, you should first become clear on these basic questions and should frame your opinion thereafter.
