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AT   16 April 2018

Amendment of case under sec 138 under NI act

Hi All, I am in dire need of your help as I am not able to proceed further on this matter.This is with regards to an ongoing case for cheque bounce under NI act 138. Cheque was issued by person 'A' of a registered firm. Cheque account belongs to the same Firm( not his personal account). Cheque has a stamp of the same firm. The mistake my lawyer did that he did not make 'Firm' as an accuse in the case but instead issued the notice to the Managing partner of the firm only. Please note, person A is the managing partner of the firm. The judge is asking the lawyer to quote any case under NI act 138 that had allowed a provision to make amendment of the case under NI act 138. And as per judge's knowledge, since the filed case has not made the Firm as accused and therefore the case should be dismissed. Need your expert guidance to know about any such case in the past which has allowed amendment of the case to include firm name if not included before.


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 1 Replies

Siddharth Jain   17 April 2018

Mr. Amol Shripal Sheth vs M/S. Hari Om Trading Co. & Ors on 3 October, 2012.
Please go through para 17 of the said judgment of Bombay High Court, it'll help you.
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