Can Someone please provide me a the format of an application for impleading an accused person in 138 n.i act case. Case is at the initial stage. Only pre summoning evidence is complete. Also under what provision, the said application can be filed.
Manashi Pathak 24 February 2018
Can Someone please provide me a the format of an application for impleading an accused person in 138 n.i act case. Case is at the initial stage. Only pre summoning evidence is complete. Also under what provision, the said application can be filed.
R.Ramachandran (Advocate) 25 February 2018
What do you mean by 'impleading an accused'?
When you have made a complaint u/s 138, you would have already given the name of the drawer of the cheque - that person is the accused. What else?
P. Venu (Advocate) 25 February 2018
Yes, the facts posted lacks clarity.
Manashi Pathak 25 February 2018
Sir the cheque was issued by the director on behalf of the company but the adv by inadvertance impleaded only the direcor and not the company as accused.
R.Ramachandran (Advocate) 26 February 2018
If you still have limitation, then you can amend the complaint and add the Company as accused. But, if limitation for filing the complaint is over, then you cannot do it.