Dishonour of Cheque - Complaint - Amendment of complaint allowed

RAJASTHAN HIGH COURT

(Jaipur Bench)

Before:- Mr. Pankaj Bhandari, J.

S.B. Criminal Miscellaneous (Petition) No. 244 of 2018. D/d. 03.05.2019.

M/s Mahi International Through Proprietor Shri Ashwani Khandelwal S/o Shri Ghanshyam Khandelwal - Petitioner

Versus

State Of Rajasthan Through P.p. and another - Respondents

For the Petitioner :- Mr. M.P. Singh, Advocate.

For the Complainant :- Mr. Sudhir Jain, Advocate.

For the State :- Mr. Arvind Bhadhu, PP

IMPORTANT

Dishonour of Cheque - Complaint under section 138 NI Act - Amendment of complaint allowed

A. Negotiable Instruments Act, 1881 Section 138 Dishonour of Cheque - Amendment of Complaint - Amendment sought to change of Bank name from UCO Bank, Branch Johari Bazar to SBBJ Bank, Branch Chaura Rasta, Jaipur - Amendment of typographical errors in the dates mentioned in the complaint - Cheque, return memo available on record the bank details and the date of dishonour can be ascertained - Held that the Court below has not committed any illegality in allowing the amendment.

[Para 10]

B. Negotiable Instruments Act, 1881 Section 138 Dishonour of Cheque - Exemption sought from personal appearance - Allowed, subject to petitioner giving an undertaking before the Court below that he would not dispute his identity as the particular accused in the case and that a counsel on his behalf would be present in Court and he would have no objection in taking evidence in his absence - Petitioner should further undertake that he would appear in the Court as and when Court requires his presence.