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PRANAY VERMA
ANIL KUMAR – Appellant
Versus
BALWANTSINGH SETHI – Respondent
ORDER :
(Pranay Verma, J.) :
This petition under section 482 of the Criminal Procedure Code has been preferred by the petitioner/accused being aggrieved by the order dated 16-5-2023 passed in SC NIA No. 129/2019 by the Judicial Magistrate, First Class, Jaora, District Ratlam whereby the application preferred by the complainant/respondent for making amendment in the original complaint filed by him under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as ‘the Act, 1881’) has been allowed. The petitioner/accused has also challenged the order dated 11-3-2023 passed by the trial Court rejecting an application under section 142 of the Act, 1881 filed by him.
2. The facts of the case are that the complainant has filed a complaint before the Trial Court under section 138 of the Act, 1881 against the accused. It is his allegation that for returning part of the amount borrowed by him, the accused had issued four cheques to him for payment of a total sum of Rs. 7,00,000/-. The cheques were presented for encashment but were returned unpaid on 11-6-2019 due to insufficiency of funds in the bank account of the accused. Thereafter legal notice was sent to accused on 18-6-20
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.
Courts may allow amendments to complaints post-cognizance if no prejudice is caused to the accused, focusing on ensuring justice rather than strictly adhering to procedural technicalities.
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.
Dishonour of cheque – Amendment of date of cheque is not permissible.
The central legal point established in the judgment is the interpretation and application of Section 138 and Section 87 of the Negotiable Instruments Act in determining the validity of a complaint un....
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