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MADAN GOPAL VYAS
Hawa Singh – Appellant
Versus
Madan Lal – Respondent
| Table of Content |
|---|
| 1. factual basis of the case (Para 1 , 2) |
| 2. arguments regarding amendment of complaint (Para 3 , 4) |
| 3. court's observations on typographical errors (Para 5 , 6 , 7 , 8 , 9) |
| 4. establishment of inherent powers of courts (Para 10) |
| 5. dismissal of the criminal misc. petition (Para 11 , 12) |
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 an
Amendments to complaints under the Negotiable Instruments Act that change the nature of the complaint are not permissible if they could cause prejudice to the accused.
The main legal point established in the judgment is that typographical errors in a complaint under the Negotiable Instruments Act can be corrected if they are proven to be unintentional and have orig....
Strict adherence to statutory conditions for notice under the Negotiable Instruments Act is essential, and curable amendments in the complaint are permissible if they do not alter the case's substanc....
Presence of curable infirmities in complaints allows amendments; substantial amendments can cause prejudice.
Typographical errors in criminal complaints can be corrected if they do not influence the case's essence and do not cause prejudice to the accused.
Criminal Courts can allow amendments to complaints that are formal in nature and do not prejudice the accused.
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