Ipc 138 case

v kumar (Querist) 07 February 2013 This query is : Resolved
if 138 notice served with the name of mr Kamal kant sharma instead of kamal kumar sharma. can it be legal and case proceed or not

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ajay sethi (Expert) 07 February 2013
you have to reply to notice . state there is no suh person by name of Kamal kant sharma at address emntioned in said notice

R.K Nanda (Expert) 07 February 2013
illegal and case will not proceed.

Advocate Bhartesh goyal (Expert) 07 February 2013
If father's name and address of addressee is correct then notice will be presumed legal.

Raj Kumar Makkad (Expert) 09 February 2013
Such minor typographic defect shall not affect the merit of the case.

V R SHROFF (Expert) 09 February 2013
Address is same, name telly, chq belong to him, so small tying mistake does not matter.

U have other options.

If Notice is returned unserved: U can send notice again if in limitation period:
If Limit exceeded, can re-deposit cheque and send another notice.
If Notice served: not replied: can send a correction note
If replied that it is not his name, send it again, with correct name.

Also Civil suit is another remedy.

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