138 Complaint maintainable

Junior Lawyer

Hello Respected members,

I have recieved one complaint to be filed. Actually, in the present matter, the earlier advocate sent 138 notice to "Atul" instead of "Anil" & the said notice has been duly received by wrong name also(The address is correct & cheque details are correct).The said notice has been received by the accused on 07th February 2009.

My query(1) 138 complaint can be filed in correct name directly on the basis of notice sent to wrong person recived by correct person 

(2)or the earlier notice will be treated as null and void ( kindly note that wrong name notice has been received) & i shall issue fresh 138 notice

Regards

Bindu

 
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Advocate

A notice if sent to you a person on wrong name the notice became invalid & void notice received by someone as Atul not as Anil.You can send further fresh notice with correct name within limitation .

 
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Advocate

correct the sentence"A notice sent by you  insted of sent to you

 
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Advocate

Send a fresh notice in correct name. no irregularioty and illegality. But you cannor survive with the present delivered notice.

 
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Lawyer

Well, I think the contents of the notice may be very much relevant. If from the contents of the notice, it is clearly made out the notice was intended to be for Anil though name Atul is wrongly written, then perhaps the situation may become different. The point is interesting. Can the contents of the notice be reproduced here.

 
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Private legal practice

As soon as possible kindly sent a fresh notice ot the correct person with correct name. If the second name of Anil is Atul and you have any evidence for the same then you can proceed in the court writing the oppsite party name Anil @ Atul and adding one para in affidavit that the Anil is also called Atul.

 
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Private legal practice

As soon as possible kindly sent a fresh notice to the correct person with correct name. If the second name of Anil is Atul and you have any evidence for the same then you can proceed in the court writing the oppsite party name Anil @ Atul and adding one para in affidavit that the Anil is also called Atul.

 
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Junior Lawyer

Thank you Mr Sushil Bhatia, Mr Suresh, Mr Palnitkar, Mr Akhilesh for your prompt suggestions.


well Mr patnikar in the notice the name of Anil is nowhere mentioned but the other details are related to him, so in the case what will be your opinion


Regards


Advocate Bindu

 
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Junior Lawyer

Thank you Mr Sushil Bhatia, Mr Suresh, Mr Palnitkar, Mr Akhilesh for your prompt suggestions.


well Mr patnikar in the notice the name of Anil is nowhere mentioned but the other details are related to him, so in the case what will be your opinion


Regards


Advocate Bindu

 
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Lawyer

once notice has been sent and it has been recieved by the accused person, hence you cannot send  new notice. you better file the civil case  by giving new notice, but dont loose heart, you may file civil case later as there is 3 years limitation. by filing criminal complaint you can take a chance.


refer Y.Krishan Murthy Vs Sharnappa, 1998(2) KLJ 1


1998(2) Crimes 491 (Kar)

 
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