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Karan agarwal   16 July 2018

Cheque bouncing

Hi, My lawyer has made a horrible blunder.i have registered an NI act case against one of my clients.the case was registered in the year 2015.the name of the cheque is Sanjeev Kumar and he sent the notice in the name of Sanjay verma.now finally when he appeared in the court before the judge,he had a simple answer that he is Sanjeev Kumar and not Sanjay verma.it z my fault also that I didn't notice this in so many years.the judge said that I cannot blame him(Sanjeev Kumar) coz his name z printed wrong.now,I'm in a fix.please advice on what to do.thanks and regards.


Learning

 2 Replies

Raghav Arora   17 July 2018

Hi! Thanks for the question!

In this case, it is important o know whether other information, such as father's name and the address of the person is correct then the case is maintainable and you can request the judge to proceed with the case as it is a typing mistake and nothing else.

If everything is wrong then you will have to file a fresh case as this case shall not be maintainable and you can take this as an exception to the limitation of time on the case in the fresh case and establish that you were suing the person in bona fide intentions. It will be difficult but if your lawyer plays smartly, he can get you out of the fuss.

Good Luck!

G.L.N. Prasad (Retired employee.)     17 July 2018

The person who has committed such mistake must also show a way of correcting his mistake.  There is deficiency of service by Advocate.  There is negligence at every stage by every person involved.  If some thing is committed by himself it becomes a mistake, and if by a professional it is negligence ?


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