Amendment Application seeking to amend Cheque Number in Complaint and List of Documents - genuine and bona fide error committed by Complainant - No prejudice would be caused by allowing Amendment Application.

2022 (1) MWN (Cr) DCC 74

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2022 (1) MWN (Cr.) DCC 74 (Mad)

IN THE HIGH COURT OF MADRAS

A.D. Jagadish Chandira, J.A.D. Jagadish Chandira, J.

Cri.R.C. No. 1051 of 2021 & Cri.M.P. No.13724 of 2021, GLR.C. No.1051 of 2021 & CH.M.P. No.13724 of 2021

January 03, 2022

J. Magdalene Rejula

K. Ramesh

J. Magdalene Rejula

Vs.

Vs.

...Petitioner

...Respondent

...Petitioner.

K. Ramesh

... Respondent

NEGOTIABLE INSTRUMENTS ACT, 1881 (26 of 1881), Section 138 CODE OF CRIMINAL PROCEDURE, 1973 (2 of 1974), Section 200 Complaint Petition Amendment of Petition- - Permissibility Amendment Application seeking to amend Cheque Number in Complaint and List of Documents Cheque Number mentioned as 024337 in Legal Notice, Complaint and Proof Affidavit, on basis of one mentioned in Return Memo issued by Bank Actual Cheque Number i.e. 054285 came to knowledge of Complainant only after deposition of Bank Manager as DW2-DW2 deposed that Cheque Number 054285 wrongly mentioned as 024337 in Return Memo - In fact both numbers found available in Cheque/Ex.P1 - Not a case, where any attempt is being made to introduce a new number, not available in Cheque-Held, a genuine and bona fide error committed by Complainant based on Return Memo issued by Bank A curable infirmity No prejudice would be caused by allowing Amendment Application - Apex Court in S.R. Kumar relied upon - No error in Order passed by Trial Court allowing Amendment Application. [Paras 7 to 9]

INTS ACT 1881 (76 of 1881) Section 138 CODE OF CRIMINAL PROCEDURE. 1973 (2 of 1974). Section 200 - Complaint Petition- Amendment of

BECOLTARES INSTRUMENTS ACT