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sweta singh (n/a)     07 March 2010

typograpical mistake in notice

NOtice was sent to the accused as per required under section 138 N.I Act but there was a typographical mistake in mentioning the amount of liability ...ie instead of Rs 7,40,000 it was written Rs 25,000. the case is in evidence stage....can the case be just dismissed on this ground...i m the complainant....if there is any judgement regarding this it will b of great help...........thank you



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 9 Replies

Anil Agrawal (Retired)     07 March 2010

Why should it not be dismissed?

Gundlapallis (Advocate)     08 March 2010

The cheque must have been presented into the bank for Rs.7.4 lakhs - In your notice you would have mentioned other details such as cheque no. etc - only the amount part is typographical mistake but all other details should have matched together to convincingly pointing the cheque in question.  So dont worry - that mistake will not turn out fatal to your case. (mention of this mistake in your complaint pleadings will take care of the mistake).  

N.K.Assumi (Advocate)     08 March 2010

Suppose you mentioned Rs.9.66 lakh innstead of 7,40,000/- does it merit for dismissal of your case? arithmetical mistakes should not be fatal to the case, as procedural laws are handmaid of justice and not to thwrat justice.

ad. creaminall (professional Advocate)     08 March 2010

what amount you have written in your complaint, statement of verification and in evidence? same mistake is repeated every where or only in notice? if the mistake is only in the notice then you need not to worry.

sweta singh (n/a)     08 March 2010

thank you evry1 4 ur reply.....but is there any judgement regarding typographical mistake in notice.......the mistake made is only in notice........

Gundlapallis (Advocate)     09 March 2010

This type of blunder is rarest of rare.. so far never heard of.  How come notice gets issued without verification?  7.4 lakhs and 25,000 no chance for confusion - typgraphycal mistake is not just leaving away one zero or such sort of.. but here it only shows the utter negligence.  But however, that will not go fatal to your case and i never had come across any such judgement in this background.  Sorry. 

bhagwat patil (Property due diligence 9422773303)     27 March 2010

it not typing mistake only

Arif Iqbal (Advocate)     27 March 2010

The mistake is not fatal if u mention the correct amount in your complaint as well as in  evidence and plead/adduce evidence that although there is a bonafide typographical mistake regarding the amount in the notice, the cheque in question before the trial court is same for which the notice was sent. NI Act does not provide any form of the notice to be given. The other details of the cheque regrading cheque no, date.. etc should remain unaltered. moreover section 138 is for redressal against the offence of dishonour of the cheque, it is not a money recovery case. Mentioning of exact amount is relevant in civil suits

Anil Agrawal (Retired)     27 March 2010

It is not a typographical error. I request friends to read what is typography. In typographical mistake 740000 does not become 25000. Let us not put meanings that do not exist.


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