A. S. BOPANNA, SANJAY KUMAR
Munish Kumar Gupta – Appellant
Versus
Mittal Trading Company – Respondent
ORDER :
1. Leave granted.
2. Heard the learned counsel for the appellant and perused the appeal papers.
3. The respondent, though served, has not chosen to appear and have his say in the instant proceedings.
4. From a perusal of the record, it is noted that the respondent had initiated a complaint under Section 138 of the Negotiable Instruments Act, 1881 read with Section 420 of the Indian Penal Code, 1860. In the complaint, it has been alleged that the appellant, to discharge its financial liability, had issued an account payee cheque dated 22.07.2010 bearing No.732966. The complaint had been filed on 02.01.2013. The matter has thus proceeded before the learned Magistrate. Subsequently, the respondent had tendered evidence before the learned Trial Court. At that stage, claiming that inadvertently a typographical error had arisen with regard to mentioning the year of the cheque, the respondent had filed an application seeking amendment of the said complaint. The application for amendment was filed as late as on 24.10.2017. The learned Magistrate, having taken note of the said application for amendment, has through her Order dated 13.07.2018, arrived at the conclusion that the amendment
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