NIA, S. 138, 141 – Amendment of complaint – Wrong cheque number mentioned in the complaint and affidavit – Cheque, return memo and notice which were presented along the complaint bear the cheque number which the petitioner now wants to correct – Court below while taking cognizance should be vigilant that complaint and affidavit should contain the same cheque number which has been placed on record – Mistake is bonafide seems to be true – Petitioner wants to rectify his bonafide mistake – When complainant has been cross examined, the mistake came to the notice of complainant and application for the rectification has been moved – Petitioner is allowed to make necessary amendments in the complaint as about the details of bounced cheque and he is allowed to file a fresh affidavit in support of his complaint and the respondent is free to cross examine on the same.
Oswal Finlease Private Limited v. State of Rajasthan, 2014 PLRonline 0205