Rakesh Kaushik (self employeed) 21 July 2010
Greetings,
One of my lawyer friend came across this trivial situation in a session court. The matter is regarding the NI Act. The Judicial Magistrate asked the complainant to put forward a written statement with an affidavit done on the same. In that statement the complainant did a mistake by typing a wrong date which was not at all intentional.
Is there any law which allows the complainant to rectify his mistake? Can this mistake be rectified under any circumstances?
Arup (UNEMPLOYED) 21 July 2010
yes e has the right to rectify / alter his petition according to cpc, but i can not tell the section. please wait for any lawyer's answer. or you may go through cpc also.
Arup (UNEMPLOYED) 21 July 2010
please read - yes he, instead of yes e.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 21 July 2010
agreed with the views of my Ld. friend.
amit (professional) 21 July 2010
Dear Rakesh Kaushik,
This is the most common situation came across criminal complaint.But i am not agree with my other friends. As complaint is under NI ACT, which is guided by CrPC hence provisions of CPC are not applicable there.So there is no provisions either in CrPC or NI ACT to rectify any mistake.
As per your Query it is a bonafide mistake. you have submitted documents along with statements/complaint ,try to convince magistrate from those documents.
Rakesh Kaushik (self employeed) 23 July 2010
Thanks for all the replies friends.
Adv.T.G.Ragesh (Associate) 09 August 2010
There is nothing wrong in correcting clerical mistakes..there is a ruling by kerala highcourt on this aspect.
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