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.
Y V Vishweshwar Rao
(Expert) 06 April 2009
I am of the view that , you can recall the PW1 in both the cases and by his re- examination / evidence /statement correct the earlier recorded evidece and get it corretly mark the cheques in concerned cases . It appears to be by mistake , the same will be allowed by the courts, as it is correction of mistke.
Kiran Kumar
(Expert) 06 April 2009
Mr. Rao has given the correct reply, recall ur witness to correct the error. make a necessary application setting out the real facts, the court will accept it.
M. PIRAVI PERUMAL
(Expert) 07 April 2009
You have to recall the witness in both cases and rectify the error, the Court will allow the same.
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.
