138 ni act filled with wrong name
vikas
(Querist) 09 May 2015
This query is : Resolved
i have filled a case 138ni act and court have issued summouns to the party but party havent accepted it because the case i filed was in name of vimal rakesh jain but the party name was bimal manoj jain so what can i do further
SAINATH DEVALLA
(Expert) 09 May 2015
Even if the error is severe enough that the defendant can legitimately claim that he was not legally served because of the wrong name.
U have to submit a memo in the concerned court mentioning the error and the court if satisfied will serve fresh summons .
Dr J C Vashista
(Expert) 09 May 2015
How it is possible that you have impleaded a wrong person?
You have issued 15 days legal notice to whom, i.e., Vimal Rakesh Jain or Bimal Manoj Jain? Has it been properly served?
SAINATH DEVALLA
(Expert) 09 May 2015
I said only if the court is satisfied it may accept or else reject.
Rajendra K Goyal
(Expert) 09 May 2015
Agree with the expert Advocate Bhartesh goyal.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 May 2015
If the courts are allowed to amend the name of the accused than we will have to change the whole concept , meaning and procedure of criminal law.
Even otherwise the cheque law puts further conditions u/s 138 a,b and c which can not be changed now by complainant so after filing complaint by any court.
Supreme court has said recently while directing procedure for cheque cases that =
We make it clear that if the proviso (a), (b) & (c) to Section 138 of the Act are shown to have been complied with, technically the commission of the offence stands completed and it is for the accused to show that no offence could have been committed by him for specific reasons and defences. April 21, 2014.
T. Kalaiselvan, Advocate
(Expert) 09 May 2015
Well observed by the experts, change of name or an amendment in criminal cases will change the nature of the case.
vikas
(Querist) 11 May 2015
so case would be closed or what
Guest
(Expert) 11 May 2015
Has not your own lawyer replied your question, "so case would be closed or what?"
Why not reveal full facts why asking questions?
vikas
(Querist) 11 May 2015
he is not replying properly not giving satisfying answer just confusing me
