Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

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 ?
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

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Post a Suggestion for LCI Team
Post a Legal Query