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KANDE VENKATESH GUPTA (ADVOCATE)     15 September 2008

Wrong mentioning of Cheque Number in the statutory notice and complaint

Dear Members,
Private complaint is lodged against my client that, X & Y approached the complaint for financial assistance and the complainant advanced Rs.1,00,000/- and X alone executed a promissory note agreeing to repay the same, and that Y issued a cheque in discharge of the above promissory note loan. In the statutory notice given to X & Y as well as in the complaint, cheque number is wrongly mentioned. The complainant filed civil suit only against X, which was also dismissed. The trial court acquitted my client and now the matter is coming up for hearing in the High Court. Please help me, by providing Judgments in the above facts for the following questions:

(i) What is the effect of the dismissal of the civil suit filed against X on the complaint u/s 138 of the N.I.Act?

(ii) What is the effect of wrong mentioning of the cheque number in the statutory notice as well as in the complaint?

(iii) Whether issuance of cheque on behalf of the others without any liability whatsoever and without specific undertaking,and bouncing the same, will attract the penal consequences u/s 138 of the N.I.Act.


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 4 Replies

sanjay g mehta (lawyer)     20 September 2008

(i) What is the effect of the dismissal of the civil suit filed against X on the complaint u/s 138 of the N.I.Act?


no both are saperae proceeding , one is for recovery of monery while other is a penel section



(ii) What is the effect of wrong mentioning of the cheque number in the statutory notice as well as in the complaint?


mistake can be cured u/s 311 by recalling witness by showing typing mistake



(iii) Whether issuance of cheque on behalf of the others without any liability whatsoever and without specific undertaking,and bouncing the same, will attract the penal consequences u/s 138 of the N.I.Act


if no undertaking to accept the liability of other is there , merely cheque without consideration has no place u/s 138 of nego.

sanjay g mehta (lawyer)     20 September 2008

ask me i would like to assist you,

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 December 2008

I do agree with Mr. Sanjay,

Bindu (Junior Lawyer)     11 February 2009

Mr Sanjay is right, your explanation has helped in my matter.


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