Private complaint is lodged against my client that, X & Y approached the complaint for financial assistance and the complainant advanced Rs.1,00,000/- and X alone executed a promissory note agreeing to repay the same, and that Y issued a cheque in discharge of the above promissory note loan. In the statutory notice given to X & Y as well as in the complaint, cheque number is wrongly mentioned. The complainant filed civil suit only against X, which was also dismissed. The trial court acquitted my client and now the matter is coming up for hearing in the High Court. Please help me, by providing Judgments in the above facts for the following questions:
(i) What is the effect of the dismissal of the civil suit filed against X on the complaint u/s 138 of the N.I.Act?
(ii) What is the effect of wrong mentioning of the cheque number in the statutory notice as well as in the complaint?
(iii) Whether issuance of cheque on behalf of the others without any liability whatsoever and without specific undertaking,and bouncing the same, will attract the penal consequences u/s 138 of the N.I.Act.
