u/s 138

Querist : Anonymous (Querist) 20 June 2011 This query is : Resolved
PLEASSSSE HELP ME BY PROVIDING CASE LAWS

I M FROM COMPLAINANT SIDE
I HAVE FILED ONE COMPLAINT IN WHICH U/S 138 NOTICE AND COMPLAINT ALSO THE ACCUSED NAME HAS BEEN MENTIONED WRONGLY. THE MATTER STAGE IS NOW FOR DELAY OF CONDONATION. SO KINDLY HELP ME OR GIVE ME A SOLUTION/CASE LAWS HOW TO ERADICATE FROM THIS PROBLEM I SCARED ABOUT THAT MATTER SHOULD NOT BE DISMISSED B'COZ MATTER IS FROM ONE OF THE FINANCE COMPANY.

PLZ HELP ME BY PROVIDING CASE LAWS .

THANKS & REGARDS

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M.Sheik Mohammed Ali (Expert) 20 June 2011
you must file memo for erroneous of mistake of name, so kindly allow to correction, the court may accept.

Amit Minocha (Expert) 20 June 2011
pl explain whether name of co. has been wrongly mentioned or its signatories /directors.

Rajeev kulshreshtha (Expert) 20 June 2011
You can file amendment application stating clerical mistake because the cheque is the base of case and the burden is on accursed to discharge.you are not cleared that notice has been served or not and if any reply has been given or not? please clear it.

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