Typograpical mistake in notice and complaint

Querist : Anonymous (Querist) 30 January 2020 This query is : Resolved
We have filed case under section 138 of NI act against one party but by mistake cheque no was mentioned wrong in demand notice and complaint copy. In this situation does case under section 138 is maintainable or not ?? Can it be considered as a typographic mistake ? What remedies available to maintain the case ?

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A typo in the cheque number within a Section 138 NI Act demand notice and complaint can jeopardise the case. The core issue is whether this constitutes a correctable typographical mistake. If the court has not yet issued a summons, the complaint might be dismissed unless the mistake is rectified with court permission before the summoning order. Seeking legal advice is crucial to understand the available remedies and ensure the case's maintainability.

Adv Deepak Joshi +917017821512 (Expert) 31 January 2020
Complain is maintainable after correction of mistake.

Dr J C Vashista (Expert) 01 February 2020
Whether the Trail Court has taken cognizance and summoned the accused ?
Since the cheque number mentioned therein the notice as well as complaint is wrong which was not drawn by respondent/accused, complainant is liable to be dismissed if the same is not corrected with permission of court before summoning order.

Advocate Suneel Moudgil (Expert) 02 February 2020
sufficiently advised by the learned expert vashista ji

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