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JILESH ANADKAT   21 March 2023

Mistake in 138 ni

One Private Limited Company has filed 138 NI complaint against me. They have made few mistakes. For example company name is JAYKAY INDUSTRIES PRIVATE LIMITED but they have mentioned J.K.INDUSTRIES in complaint. No CIN is mentioned in any communication. o DIN is mentioned in any communication. Wrong Registered Address is mentioned. Can the complaint be dismissed. There is no chance of amendment as besides our repeated questioning they says that we use both names.


 4 Replies

Dr J C Vashista (Advocate)     22 March 2023

What is your locus standi to the complaint, i.e., complaint, accused or counsel for either party ?

Sudhir Kumar, Advocate (Advocate)     22 March 2023

By raising these issues, what would you like to prove that :-


  1. you never owned money to them?
  2. you never issued cheque
  3. cheque never buonced.

Advocate Bhartesh goyal (advocate)     22 March 2023

Complaint can't be didmissed on such grounds.When signature on cheque is admitted then accused has to rebut the presumption of "  issuuance of cheque against legally enforceable debt and liability ""by cogent evidence .

T. Kalaiselvan, Advocate (Advocate)     22 March 2023

The complaint is filed under section 139 NI Act for the offence of cheque bounce.

If you deny the signature then prove it or if there is no legally liable debt then you prove that.

The company's erroneous name can be tackled and contradictions can be recorded during cross examination, however this is not such big error to make the case dismissed. 

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