Marking of Document.

allurisivajiraju (Querist) 06 April 2009 This query is : Resolved
Respected Seniors,

There are two searate cases U/S 138 and 142 of N.I. Act between the same parties one case cheque amount of Rs. 6,00,000-00 ie. case 'A'and another case cheque amount is Rs. 7,00,000-00 ie. Case 'B'.

In the case 'A' the Complainant filed his cheif examination affidavit as PW-1. There in he prayed for marking of cheque for an amount of Rs. 6,00,000-00 as Exibit P-1.

But Court marked by mistakenly Rs. 7,00,000-00 cheque as exibit P-1 in case 'A'. Actually Rs. 7,00,000-00 cheque is belongs to case 'B'.

Now what are the option available to the Comlainant to correct the above mistake. Is it curable one or not.

Thanking you in Advance.

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sanjay singh thakur (Expert) 06 April 2009
Dear Alluri
Yes the mistake committed by the court can validly be rectified by filing a petition to such effect.
Regards.

Message likes : 1 times

K.C.Suresh (Expert) 07 April 2009
It can be corrected as it is a mistake committed by the court. That won't adversely effect your case. File a petition and bring the fact to the notice of the court in the open court when the other party is present. If necesary the court can hear the other side if they insist for that

Y V Vishweshwar Rao (Expert) 07 April 2009
Repeated question and it is replied

adv. rajeev ( rajoo ) (Expert) 07 April 2009
it is a court mistake it can be cured by filing an application in the same case by brining a notice of mistake of the court.

M. PIRAVI PERUMAL (Expert) 07 April 2009
This query is already answered.

Hiralal Das (Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.

sanjeev murthy desai (Expert) 08 April 2009
I agree with our learned friends views

RAKHI BUDHIRAJA ADVOCATE (Expert) 09 April 2009
I also endorse the views of all my friends.

MANISH (Expert) 10 April 2009
Dear friend,
The mistake is a curable one. Furthermore, it is a mistake on the part of the court staff,
You may file an application in the same court, and may rectify it by bringing the same in the notice of the Hon'ble Magistrate. The Magistrate may allow the same to be rectified then and there, notwithstanding the objection by the opposite party.

Sachin Bhatia (Expert) 02 October 2009
File an application for rectification before the court.

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