MITTAL TRADING COMPANY Vs. MUNISH KUMAR GUPTA

JUDGEMENT

(1.) The petitioner through instant petition under Sec. 482 Cr.P.C. is seeking quashing of order dtd. 13/7/2018 (Annexure P-1) whereby learned Judicial Magistrate 1st Class, Amloh has declined the request of the petitioner to amend complaint bearing No.1 dtd. 2/1/2013.

(2.) The petitioner filed a complaint in terms of Sec. 138 of Negotiable Instruments Act, 1881 (for short 'NI Act') read with Sec. 420 IPC alleging that respondent was working with petitioner as DSE. The respondent with a view to discharge its financial liability issued an account payee cheque No.732966 dtd. 22/7/2012. The cheque was presented by the petitioner which came to be returned on account of "insufficient balance". The petitioner served legal notice upon the respondent which was followed by afore-stated complaint under Sec. 138 of NI Act read with Sec. 420 IPC. In the complaint, the date of cheque was mentioned as 22/7/2010 whereas as per the petitioner, the correct date of cheque is 22/7/2012. The petitioner moved an application seeking amendment of the complaint. Learned Magistrate vide impugned order dtd. 13/7/2018 has dismissed the application of the petitioner on the ground that there is same averments qua date of cheque in different documents including preliminary evidence tendered by the complainant. The typographical mistake can occur once and not repeatedly in all the documents. The cross-examination of the complainant had already concluded, thus, the complainant cannot be allowed to fill up the lacuna that has come in his notice at this belated stage.

(3.) Learned counsel for the petitioner in support of his contention that amendment of complaint is permissible cited judgment of Bombay High Court in Anand Vs. Step in Computer shopee and another 2014(3)RCR (Criminal) 597, Rajasthan High Court in Bhim Singh Vs. Kan Singh 2004 (2) RCR (Criminal) 22, this Court in Bedi sons Steels and Wires Vs. M/s B.G. Brothers 2002 (2) RCR (Criminal) 45 and Madhya Pradesh High Court in Pandi Gorelal and another Vs Rahul Punjabi 2011 (2) RCR (Criminal) 882.