Sec 138 Case filed but name of accused is wrong in notice and summons
03-Aug-2023 (In Cheque Bounce Law)
I am the sole proprietor of an enterprise. I had issued a cheque to a party which got bounced. The other party has filed sec 138 case against me. In the notice and in the summon that I have received, the name of the accused is wrong I just wanted to know that is this case maintainable? since the name of accused is wrong. Please help.
If there is only a minor problem of spelling in your notice as received, it will not be a problem. However, if your name is Shyam and the notice mentions Manohar, in that case that it will be a major difference. Further, the issuance of a cheque in a 138 Case is of prime importance as a presumption lies in favour of the holder of the cheque and against the issuer of the cheque. Maintainability can be challenged in many ways, but in a summary manner I will not be able to respond on maintainability of the case. You have to appear in the matter and avail services of a lawyer to chalk our the best possible defense in the present facts and circumstances.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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