Civil Procedure Code (CPC)

138 n i act

cheque number was not mentioned in notice and complaint but mentioned only in chief examination - on that ground the complaint shall be dismissed - give rulings to this effect


If the case is based on single cheque, And If he (accused) has cross examined the complainant and accused was examined under 313 Cr.P.C questioning, and during which he is able to recognise/identify the transaction and simply denying the case, complainant has a case, because accused is given opportunity to state his case during cross examination and 313 examination, where he can only say the said cheque was not signed by him or it was not given by the accused, hence non-mentioning of cheque number is not a very big flaw. If complainant is able to prove the existing legally enforceable debt, the complainant has 100% chance to win the case. Pls



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