Legal Question in Banking Law in India
Summons to Wrong Person
I have been summoned as accused for a case of Negotiable INstrument Act. But I am the wrong person ie I am not a Party to any of the transaction. What do I do?
4 Answers from Attorneys
Re: Summons to Wrong Person
Dear friend,
While it is too bad that you stand accused of an offence, it is likely that you were served a notice of demand (probably from the complainant's lawyer) prior to filing the case, and if there was a real mistake in identity, you could have brought the fact to the attentionof the complainant / his lawyer.
Now that that chance is not available to you since the complaint is already, look if there is a difference in the address at which the notice was sent and the complaint is filed now, you can appear before the court and bring facts to its attention.
Hope this helps.
Re: Summons to Wrong Person
you apply to the court stating that you are the wrong person summoned in the case and therefore you are required to be exonerated. Please send your personal details at [email protected] so that I can arrange for a lawyer to represent you and make an application in the court.
with regards,
Bankimchandra Shah,
Advocate, Gujarat High Court,
Surat.
Ph. 09426101233
Re: Summons to Wrong Person
The only option available to you at present is to appear before the court and give a valid defence to the accusations that has been made against you with supporting documents.
Re: Summons to Wrong Person
You can apply for discharge on grounds that you are not connected with the case in any manner.
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