Hawa Singh vs Madan Lal - 2023 Supreme(Raj) 2011

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2011

MADAN GOPAL VYAS
Hawa Singh – Appellant
Versus
Madan Lal – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mahaveer Bishnoi.
For the Respondent: Mr. Pradeep Shah and Mr. Chakravarti Singh Rathore

ORDER :

Madan Gopal Vyas, J.

The present criminal misc. petition under Section 482 of Cr.P.C. has been preferred by the petitioner against the order dated 18.8.2018 passed by the learned Judicial Magistrate, Tara Nagar, District Churu in Cr. Case No.284/2016, whereby the learned trial court allowed the application filed by the respondent-complainant for amendment in the complaint under Section 138 of the Negotiable Instruments Act.

2. Briefly stated, facts of the case giving rise to the present petition are that the respondent filed a complaint under Section 138 of the Negotiable Instruments Act against the petitioner alleging dishonour of cheque no.516876 of State Bank of Bikaner and Jaipur dated 25.5.2016 for a consideration of Rs. 6, 00, 000/- due to insufficiency of funds. In para no.4 of the complaint, the respondent mentioned the cheque number as 516876. After cross-examination and after statement of the petitioner recorded under Section 313 of Cr.P.C., the respondent filed an application before the learned trial court for amendment in the complaint. It was stated that in para no.4 of the complaint the cheque no.516876 has wrongly been mentioned in place of cheque no.516786.