(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 ?
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.