my query is following, plz give best suggestion:
1. I have sent a legal notice to accused under section 138 NI act and due to some typically error the name of accused affixed wrong.
2. That when we knew mistake then we imminently re bounce the same cheque and again sent the legal notice to accused .
3. that the complaint under section 138 NI act also filed during the time period and also mentioned in the complaint that the one notice also sent under typically error with wrong name.
4. That thereafter the concerned court issued the bailable warrant against the accused and accused appeared and got the bail from concerned JMIC.
that my now accused filed a appeal against the order of JMIC towards the warrant of accused that on the ground that the same complaint is liable to dismiss because the complaint not filed between the stipulated period and accused took plea that complaint filed period should be start from the first legal notice.
now plz tell how we will defend this ground .