138 NI ACT
Sukhija
(Querist) 13 July 2008
This query is : Resolved
In a criminal complaint filed by complainant the name of Accused is wrongly mentioned and summons are also issued to the accused by the court at his address , but the name is not correct.Address is correct.The cheque is signed by proprietor of company,name is not mentioned.My Query is
1)If NBW is issued against Accused, can the person living at that address be arrested in execution of warrant? I think ,no
2)Can the complaint be amended afterwards? correct name of Accused will be allowed to insert in the complaint?
3)Should Accused go for revision now against issuance of process?or wait and go for trial?
4)Should Accused himself appear and face trial?
KamalNayanSaxena
(Expert) 14 July 2008
Answer to query No. 1,3&4 is negative, and to query No. 2 is affirmative.
But you have to clear that
to whom notice was issued and whether the name of firm is incorprated in your comolaint.
arunprakaash.m.
(Expert) 14 July 2008
The person who is not the drawer of the is not liable under 138 case. Only the drawer of the is liable. Mere service of summons does not amount persons who are staying in a particular address is not liable but at the sametime when the summons addressed to a place where the accused had previous address or present address it is deemed to be that summons has beend duly served. Other persons can defend their case.
K.C.Suresh
(Expert) 15 July 2008
This is factual issue. Legaly when a summons is issued to a person by mistake the same may be informed to the concerned court. Get the same corrected by correcting the petition. Thge liability of the person who recievdd the Ss is to file a petition before the court stating his innocence in the matter. The amatter will be closed as far as he is concerned. The 3rd question is not meterial because he is not an accused. The real accused will not get any benfit from this mistake. But the rel accused need not appear before the court if there is no identification of the designation in the Ss. If the designation is correct and name is differeennt as a law abiding citizen and a company it is fair to correct the name and face the trial.
K.C.Suresh
(Expert) 15 July 2008
This is factual issue. Legaly when a summons is issued to a person by mistake the same may be informed to the concerned court. Get the same corrected by correcting the petition. Thge liability of the person who recievdd the Ss is to file a petition before the court stating his innocence in the matter. The amatter will be closed as far as he is concerned. The 3rd question is not meterial because he is not an accused. The real accused will not get any benfit from this mistake. But the rel accused need not appear before the court if there is no identification of the designation in the Ss. If the designation is correct and name is differeennt as a law abiding citizen and a company it is fair to correct the name and face the trial.
Sukhija
(Querist) 15 July 2008
Thanks a lot for your response.
I appreciate the reply given to my query by Experts like KamalNayanSaxena, arunprakaash.m. & K.C.Suresh
Thanks a lot
