Can any one help me to get to know, whether error on the date of the notice u/s138 will affect the case?
david raj (associate ) 12 December 2012
Can any one help me to get to know, whether error on the date of the notice u/s138 will affect the case?
V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 23 December 2012
cLERICAL MISTAKE DO NOT MAKE ANY DIFFERENCE. iF U ISSUED NOTICE AND RECD BY ACCUSED WITHIN 30 DAYS OF CHQ RETURN MEMO, all is well.
MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com) 24 December 2012
Such errors can be over looked only because the defense do not engage a proper advocate from begining otherwise every mistake what ever you may name it will go in favour of accused since it is being faught in court of law and not at market place.
Allahabad HC has even directed that unless it it not proved that the same notice was sent it is no notice at all in the eyes of law.
david raj (associate ) 24 December 2012
Thanks you sir
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