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suryapal singh chouhan (advocate)     31 May 2013

138 - defective notice

a legal notice of 138 NI Act has been sent by the propriter of the propritership firm to the another prop. firm , but the name of the prop. has been wrongly mentioned in the legal notice, i.e. the name of the father is entered in the place of his son who is the prop. of the firm. now i have to file complaint,,,, can the accused rais the plea that in notice the name of the prop. is X.(father) who send the notice,  but the owner of the firm is Y. (son) it affect the complaint....?


 20 Replies

Advocate Deepak Gupta (Lawyer)     31 May 2013

No effect on complaint , its typing error.

MARU ADVOCATE (simple solutions for criminal legal problems --     31 May 2013

In criminal cases no mistakes are allowed.


Process may be issued , you will spend money in court on advocate and run around for no of years and at the end the case is dismissed on such mistajes. If not by trial court than by revision courts.

adv. rajeev ( rajoo ) (practicing advocate)     31 May 2013

You can do one thing, issue another notice rectifying the mistake, by referring the notice already issued, otherwise accused can defend saying that notice is not issued to me.

I had done the same mistake, but I issued a notice to the accused stating that "  with reference to the so and so notice dtd:-- in the said notice thru., oversight so and so name is wrongly typed. Hence it may kindly be read as___" .  Accused raised his defense that notice was not issued to me, but my legal notice which was issued to rectifying the mistake helped me, Finally accused comrpmised with the complaint and paid the money.

suryapal singh chouhan (advocate)     31 May 2013

the name of the accused is correct.... but the name of the sender person is wrongly mentioned.......however the name of the prop. firm is also correct who send the demand notice.....

MARU ADVOCATE (simple solutions for criminal legal problems --     31 May 2013

Only compromise and not won the case.


It does not mean what you say is legally allowed.


To morrow some body may kill some body and say sorry it was mistake. All convicts now in jails say same thing that what they did was mistake. over sight . Sorry big sorry.

Advocate Bhartesh goyal (advocate)     31 May 2013

Opiinion expressed by Mr rajoo may solve your problem so follow the said advice.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     01 June 2013


In fact , the cause of action in cheque bounce case starts on the expiary of 15th day of notice period, if your this statutory period is still pending you can rectify your mistake and pass on to to accused, otherwise he may get benefit by raising a probable defence on this ground.

Nadeem Qureshi (Advocate/     01 June 2013

I agree with Mr. Rajoo

jatin Mittal 9582472507 (advocate)     01 June 2013

Send another notice with the reference of previous notice with the consent of ur advocate

k.kumar raja (advocate)     01 June 2013

advocate rajeev is it is so called a rejoinder notice

R Trivedi (     01 June 2013

You say name of the Proprietor is wrongly mentioned ? Does it mean that you behaved as proprietor or you sent on behalf of the prop firm without claiming yourself as proprietor ?

 If it is the later part then please prepare an authority letter from the actual proprietor before the date of notice, you may have to prove that you had authority to send the notice on behalf of the firm.


Is the cheque still in validity ?

RAJENDRAN K.M. 09443050520 (Advocate)     20 June 2013

Re jointer notice maybe sent to in time other wise case is consider in trial period evidence.

madhu mittal (director)     20 June 2013

Respected Sir,

There is a recent decision of Supreme Court, Msr Leathers vs S. Palaniappan And Anr. on 26 September, 2012 in which it was stated that another notice can be issued. So if there is still validity period of cheque is left, please be on safer side, relodge the cheque and issue another notice, correct from every aspect. But First go through this citation.


1 Like

MARU ADVOCATE (simple solutions for criminal legal problems --     21 June 2013

Mr Madhu Mittal the citation is the law as of now by SC and your efforts are really excellant.

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