138 Complaint maintainable

A notice if sent to you a person on wrong name the notice became invalid & void notice received by someone as Atul not as Anil.You can send further fresh notice with correct name within limitation .

correct the sentence"A notice sent by you  insted of sent to you

Send a fresh notice in correct name. no irregularioty and illegality. But you cannor survive with the present delivered notice.

Well, I think the contents of the notice may be very much relevant. If from the contents of the notice, it is clearly made out the notice was intended to be for Anil though name Atul is wrongly written, then perhaps the situation may become different. The point is interesting. Can the contents of the notice be reproduced here.

As soon as possible kindly sent a fresh notice ot the correct person with correct name. If the second name of Anil is Atul and you have any evidence for the same then you can proceed in the court writing the oppsite party name Anil @ Atul and adding one para in affidavit that the Anil is also called Atul.

As soon as possible kindly sent a fresh notice to the correct person with correct name. If the second name of Anil is Atul and you have any evidence for the same then you can proceed in the court writing the oppsite party name Anil @ Atul and adding one para in affidavit that the Anil is also called Atul.

Thank you Mr Sushil Bhatia, Mr Suresh, Mr Palnitkar, Mr Akhilesh for your prompt suggestions.

well Mr patnikar in the notice the name of Anil is nowhere mentioned but the other details are related to him, so in the case what will be your opinion

Regards

Advocate Bindu

Thank you Mr Sushil Bhatia, Mr Suresh, Mr Palnitkar, Mr Akhilesh for your prompt suggestions.

well Mr patnikar in the notice the name of Anil is nowhere mentioned but the other details are related to him, so in the case what will be your opinion

Regards

Advocate Bindu

once notice has been sent and it has been recieved by the accused person, hence you cannot send  new notice. you better file the civil case  by giving new notice, but dont loose heart, you may file civil case later as there is 3 years limitation. by filing criminal complaint you can take a chance.

refer Y.Krishan Murthy Vs Sharnappa, 1998(2) KLJ 1

1998(2) Crimes 491 (Kar)

 Dear Sir,

The point is that the notice is neither addressed to nor received by the accused person. Why beat about the bush? If time permits, correct it by sending a fresh notice in the right name, to the correct address. If not, forget 138. You can't prosecute a wrong man for murder saying the other man is living in the same house.

Hi

U should deposit cheque again, if within limitation, issue fresh notice to correct person on correct address, then proceed.