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Manashi Pathak   24 February 2018

Format of application for impleading an accused in 138 cases

Can Someone please provide me a the format of an application for impleading an accused person in 138 n.i act case. Case is at the initial stage. Only pre summoning evidence is complete. Also under what provision, the said application can be filed.



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 4 Replies

R.Ramachandran (Advocate)     25 February 2018

What do you mean by 'impleading an accused'?

When you have made a complaint u/s 138, you would have already given the name of the drawer of the cheque - that person is the accused.  What else?

P. Venu (Advocate)     25 February 2018

Yes, the facts posted lacks clarity.

Manashi Pathak   25 February 2018

Sir the cheque was issued by the director on behalf of the company but the adv by inadvertance impleaded only the direcor and not the company as accused. 

R.Ramachandran (Advocate)     26 February 2018

If you still have limitation, then you can amend the complaint and add the Company as accused.  But, if limitation for filing the complaint is over, then you cannot do it.


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