Co accused u/s 319crpc

ANIL KUMAR KAUSHIK (Querist) 03 February 2014 This query is : Resolved
Sir,
In one of complaint u/s 138 N.I.Act,cheque was given under a land deal and director of firm purchased the said land but cheque was signed by an another signatory by seal of director but detail of signatory was not available. accused made only director and firm. at the stage of cognizance court denied because signatory of cheque was not a party in complaint. weather name may be added u/s 319 crpc. if any rulling of Sc or Hc is available kindly mentioned for satisfaction of the court.

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Devajyoti Barman (Expert) 03 February 2014
Sorry, citations are not given here.
File petition for amendment for adding name of signatory. it is permissible by multiple judgements.

Nadeem Qureshi (Expert) 04 February 2014
agree with expert

V R SHROFF (Expert) 04 February 2014
Apply for add in court
opp party will object as filling lacuna of prosecution..

Rajendra K Goyal (Expert) 04 February 2014
Citation not provided in this section, you may prey for adding the name, let court decide on merit as opposite party would object.

T. Kalaiselvan, Advocate (Expert) 05 February 2014
The name of the signatory can be added as party to proceedings by an amendment

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