Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of cheque number - Cheque number was wrongly mentioned in complaint due to bonafide typographical mistake - Trial Court rightly allowed amendment of complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented not within three months of its issuance - Clarification that accused assured him encashment of cheque and insisted to present cheque after couple of days - Clarification is an attempt in despair to bring the presentation within validity period - Trial Court committed no mistake in..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant - Complainant, after filing affidavit in examination-in-chief was cross examined - For the purpose to arrive at a just decision and fair conclusion, re-examination of complainant can be permitted and complainant for the mistake..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Change of loan amount - Reason stated to be typographical mistake - Amount mentioned in demand notice, complaint, affidavit of evidence, same - Loan amount cannot undergo a change because the same forms very basis of compliant - This would change the very nature and character of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Acquittal u/s 256 Cr.P.C - Mistake on the part of advocate representing any party beyond knowledge of complainant should not act as a prejudice against his rights and contentions - Order of acquittal set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mentioning of wrong cheque number in complaint and/or legal notice - Other factors are also required to be seen - Original cheque was placed on record and the same was exhibited - Cheque as well as signatures on cheque admitted - Mentioning of wrong cheque number in the complaint or in the legal notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Name of bank wrongly mentioned in the complaint - There is no dispute about cheque number and its issuance by accused - Mistake is a simple infirmity which is curable by means of formal amendment and by allowing such amendment no prejudice would be caused to complainant -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Summoning order - Affidavit filed by power of attorney holder as evidence u/s 200 Cr.P.C. - Affidavit reveals that it is executed by power of attorney holder `G' but Oath Commissioner records in it that this affidavit was sworn, signed and verified by `V' -..........
