Dishonour of Cheque–Amendment of Complaint
Amendment which does not cause prejudice to the accused can be allowed by the Trial Court
(A) Negotiable Instruments Act, 1881, S.138–Dishonour of Cheque–Amendment of Complaint–Description of Goods Supplied–Amendment was moved at a stage when after summons being issued to the respondents, the chief examination of the complainant had concluded and when cross-examination was awaited–The amendment made is also only with regard to type of products supplied–It will not cause prejudice to the accused–It was a curable irregularity which the Trial Court rightly addressed by allowing the amendment–Order of Trial Court allowing the amendment of comnplaint, upheld. (Para 18)
(B) Criminal Procedure Code, 1973, S.200–Amendment of Complaint–Prejudice to the Accused–The test of ‘prejudice to the accused’ is the cardinal factor that needs to be borne in mind–Held; that an easily curable legal infirmity could be cured by means of a formal application for amendment.
Bansal Milk Chilling Centre vs. Rana Milk Food Private Ltd. & Anr. : 2025 Law Herald Online 1323: 2025 (3) Law Herald (SC) 2394