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Advocate Abhijeet singh (ADVOCATE)     09 June 2023

Ni act case

Respected Sir,  May kindly light the matter That my query is that 1. I am from the side of accused, in the case of Under section 138 Ni act 2. That the stage of case is Dws. 3. That complainant filed a criminal complaint under section 138 NI act with name of Hanuman singh and case admitted and summoned to the accused and accused appeared and took bail and after that cross examination of complainant also completed now when deeply checked the file the name affixed on the cheque name of complainant Hanuman man singh instead of Hanuman singh. 4. the name of complainant is Hanuman singh only not Hanuman man singh so its defective instrument so what should I do for dismissed the case due to illegal consideration of the case so plz advice the new legal step  Thanks a lot in advance  Abhijeet Soni 

Read more at: https://www.lawyersclubindia.com/forum/u-s-138-ni-act-229610.asp



Quick Summary
This discussion concerns a Section 138 NI Act case where the cheque presented by the complainant has a name mismatch ('Hanuman man singh' instead of 'Hanuman singh'). The case is at the Defence Evidence stage, and the accused is seeking advice on how to get the case dismissed due to this 'defective instrument'. The query explores potential legal steps, including challenging the cognizance order.

 2 Replies

Advocate Bhartesh goyal (advocate)     10 June 2023

 Challenge cognizance order u/sec 482 of Cr.P.C .

Advocate Abhijeet singh (ADVOCATE)     10 June 2023

Originally posted by : Advocate Bhartesh goyal

 Challenge cognizance order u/sec 482 of Cr.P.C .

RESPECTED SIR IS ANY OTHER PROVISION IN TRIAL COURT AT THIS STAGE

 

 


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