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Judicial restraint – Practice of summoning officers , deprecated

NIA S. 138 – Amendment of complaint

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Judicial restraint – Practice of summoning officers , deprecated

NIA S. 142- Jurisdiction - Where the cheque is delivered for collection

NIA S. 138 - Jurisdiction - Court at the place where the payee maintains his account and where the cheque was intimated to have been dishonored would have jurisdiction u/s 138.

Home Criminal Negotiable Instruments Act

NIA S. 138 – Amendment of complaint

by PLRonline
in Negotiable Instruments Act
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Complaint filed by proprietary concern through its proprietor During pendency of trial entire running business of proprietary concern taken over by a Private Ltd. Company with all its assets and liabilities , Subsequent addition/Substitution of Accused , Permissibility of Held, Wrong number on dishonor cheque is of no relevance for drawer to pay amount covered by such cheque, have also been referred in Pt. Gorelal’s case, evidence that this Court has taken a consistent view that there is no provision for amendment in the Code of Criminal Procedure and the amendment in the complaint cannot be permitted, but in the case of Pt. Gorelal taking note of the aforesaid cases, it has been held that application for correction of cheque number can be allowed , in judicial administration precedents which enunciate the rules of law from the foundation of the administration of justice under our system, it has always been insisted that the decision of a coordinate Bench must be followed, Court passed a correct order allowing the application Exh.3 and permitting the applicant herein to be substituted as a complainant in place of the original proprietary concern Application is quashed

Gulf Asphalt Private Limited Known as Aspam Petronergy Pvt. Ltd. VS Dipesh Sinh Kishanchandra Rao, 08 May 2015 2016 2 DCR 228; 2015 0 Supreme(Guj) 260

Tags: NIA S. 138NIA S. 138 - Amendment of complaint

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