RAMESHWAR DASS Vs. KAKRALA TRADING CO

JUDGEMENT

(1.) Petitioner/complainant seeks quashing of two orders i.e. first dtd. 31/7/2012 (Annexure P-4), passed by the learned Judicial Magistrate First Class, Guhla, dismissing an application for correction/amendment in the complaint; second orderdated 11/7/2014 (Annexure P-5) passed by learned revisional court, upholding the first.

(2.) Briefly outlining the case, petitioner lodged a complaint against respondents No.1 to 3 under Sec. 138 of the Negotiable Instruments Act. It was stated that respondents no. 2 and 3 borrowed Rs.3,10,000.00 in cash from the petitioner for business purposes, promising to repay the amount in November 2010. Respondent No.2 issued two cheques, bearing No. 953525 and No. 953526, dtd. 10/11/2010 and 30/11/2010, respectively, from respondent No.1's account. These cheques, drawn on Oriental Bank of Commerce, Cheeka, were dishonored due to insufficient funds. Respondents No.2 and 3 are partners of respondent No.1, thus responsible for its business dealings. Despite sending a statutory notice, the petitioner's complaints under Sec. 138 of the Negotiable Instruments Act were not addressed.

(3.) The petitioner moved an application for correction/amendment in the complaint, acknowledging a typographical error in mentioning the cheque numbers as 933525 and 933526 instead of the correct numbers 953525 and 953526. The petitioner asserted that the mistake was unintentional and sought correction in order to maintain the accuracy of the complaint without altering its nature. However, this application was dismissed by the trial court on 31/7/2012 (Annexure P-4), and the subsequent revision petition met a similar fate on 11/7/2014 (Annexure P-5).