Maintainability of complaint
BHARTI KOTHARI
(Querist) 02 October 2015
This query is : Resolved
Hello,
Expert
I was depositing daily deposit in chit fund company in my name and my wife name by seperate account. On maturity the chit fund company issued cheques which when deposited get dishonoured.
I therefore filled complaint in the joint name of myself and my wife as a complainant No.1 & 2 in a complaint under 156(3) however when I was to argue the matter the court has asked about non maintainability of the complaint as complaint can not be in the joint name.
Now my query is this is amendement is permissible in criminal complaint?
Is can I aske to drop the name of my wife?
Is it is not true that husband and wife are two person in the eyes of law ?
Thanks for your suggestion as the knowledge spread as we share. Thank you once again for your kind advice.
SAINATH DEVALLA
(Expert) 02 October 2015
U are saying separate chit fund accounts,the cheques from the company must have been issued on individual account names.How is a joint complaint under NI Act maintenable? U should issue two separate statutory notices to the company when both the individual cheques were dishonoured and filed two different cases.hence not maintenable.
Rajendra K Goyal
(Expert) 03 October 2015
You should have filed cheque bouncing case against the company.
You can file recovery civil suit.
Dheeraj Kaushik
(Expert) 04 October 2015
you can file two recovery suit one in name of wife and another is in your name
