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MANISH ARORA (ADVOCATE)     17 May 2018

U/s138 of ni act

Can we amend 138 ni act complaint

wrong cheque no is written in notice as well in complaint and in pre summonning evidence.

and complainant come to know at the time of his cross

what are the remedies....



Learning

 3 Replies


(Guest)

Yes the complaint can be amended..

R.Ramachandran (Advocate)     17 May 2018

If wrong cheque No. is written on the Statutory Legal Notice, then such a notice is nonest.  

Since the time for re-issuance of the Notice would have expired, you have virtually lost your remedy u/s. 138 N.I. Act.

At best, you can now file a Summary Suit under Order 37 CPC for recovery of the money.

SUNIL kumar (5000)     02 June 2018

i agree with r.ramchandran bcoz u had to give the notice with in 30 days no question amendment bcoz it will change the whole case so ----i think u had lost that case

u can go for civil suit  limitation 3 yerrs


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