NARESH CHAND TYAGI Vs. DEVENDER KUMAR TYAGI

JUDGEMENT

(1.) By way of this petition filed under section 482 Cr.P.C read with Article 227 of the Constitution of India, the petitioner is seeking following reliefs:-

(2.) Issue notice. Learned Counsel for respondent who appears on advance notice, accepts notice.

(3.) It is submitted by the counsel for the petitioner thatthe learned Trial Court has taken cognizance of an offence which is not even in existence since the cheque was never issued by the petitioner. It is further submitted by him thatthe cheque number has been written wronglyeverywhere whether it is the notice or the pleadings of the complaint or eventhe evidence by way of affidavit which does not fulfil the ingredients of Section 138 NI Act, as it requires the complainant to issue proper legal notice within thirty days from the date ofreturn memo issued by the bank which has not been fulfilledin the present case as the notice has been sent of a chequedifferent from the one which was dishonoured. It is further submitted that there is no provision of amendment in a criminal proceedings and hence, once a complaint is filed in the trial court, the complainant cannot amend it at any stage of the trial. It is further submitted that the complaint did not contain any averment with respect to the petitioner and the role played by him in commission of the alleged offence. It is further submitted by the counsel for the petitioner that the respondent has not approached the Trial Court with clean hands as, a bare perusal of the complaint shows that the complaint filed by the respondent does not disclose the correct cheque number.