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Clarification on issue of cheque bounce notice in wrong name


04-Aug-2023 (In Cheque Bounce Law)
My name is Mrs. R I am sole proprietor of M/S S I had issued a cheque which got bounced and the other party has filed sec 138 case against me. The notice and summon which I have received is addressed to - Mr. S Proprietor - M/S SI just want to ask whether this case is maintainable? Since accused name is wrong in notice and summon.
Answers (5)

Answer #1
728 votes
Dear Client,
Yes it is maintainable because court is concerned with the signature on cheque if u sign it.Dear client if u wanted to raise the objection u can raise it at the time when u move section 145(2) application.Dear client if u need any clarification u can contact me and I m happy to help u.

Answer #2
604 votes
Hi,
There maybe a typographical error. The complaint can be amended. It is advisable to appear before the Hon'ble Court and get your bail done. For more information, feel free to have a word with me. All the best.
Answer #3
850 votes
although if the accused name is wrong, the trial cannot proceed. however i will have to still look at all papers to arrive at an opinion. if it possible to send all papers you may send and then i will be able to render my opinion.
Answer #4
836 votes
Yes, this case is very much maintainable. Further it is matter of trail whether you issued cheque in question in personal capacity or in prop. Of the firm,. In both the situation you are liable to pay. However not mentioned other thing, which are technical and further whether is cheque in legal debt or not
Answer #5
781 votes
Proceedings pertaining to the cheque bounce are quasi criminal in nature and the liability is strict in nature, that means it never shifts. The person who had issued the cheque which has been bounced is the one who becomes liable under section 142 of Negotiable Instruments Act.
Generally the summons issued with incorrect particulars are not deemed to be served properly. But, if only the name is wrong and other particulars such as parentage and address are correct you must appear before the court and should contest the case on merits as the plea pertaining to the issuance of summons in wrong name will not be sufficient to dismiss the case of the complaint as "not maintainable".
So, as per the information provided by you, i would advise you to appear before the Court and contest the case on merits with the aid of a good lawyer.

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