Format of Complaint u/s 138 NIAct
Devendra Kumar
(Querist) 13 July 2011
This query is : Resolved
Please show me a format of complaint to be filed u/s 138 NI Act.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 July 2011
YOUR FORMAT IS OUTRIGHT MISFIT.
1) First of all same format will not be applicable to all the cases.
2) secondly pleadings can not be amended later so any lack of information in the pleadings is fatal to the case.
I AM JUST GIVING ONLY ONE OR TWO MISTAKES FOR EXAMPLE ONLY , SINCE WE ARE DEFENSE ADVOCATES FOR THE ACCUSED AND SO FAR WE HAVE NOT SEEN A SINGLE CASE WHERE MISTAKES IN THE PLEADINGS ARE NOT MADE.
Your most primary mistake.
a) when did the accused applied for loan, amount, date of sanction etc etc.
b) Where is the pleading that advocate sent notice on the instructions of the complainant .
c) where is the pleading the accused recieved the notice and than did not comply till the filing of the complaint.
THESE ARE JUST FEW OF MANY MANY MANY MISTAKES COMMONLY MADE WHICH ARE FATAL FOR THE COMPLAINT IN NI 138 CASES.
A. A. JOSE
(Expert) 14 July 2011
The inadequacies pointed out herein above are fatal and needs to be properly rectified. Further, no single format can be used in all the cases and it would be proper for the concerned to make suitable additions and/or deletions to suit the specific facts of each case.
