Bona fide cheque-particulars errors may be corrected when the record clearly shows the intended transaction and no prejudice results.

A bona fide typographical error in cheque particulars in a complaint and supporting affidavit may be corrected where the cheque, return memo and notice on record consistently identify the intended transaction, and no prejudice is caused to the accused. The HC treated the incorrect cheque number as an inadvertent mistake, permitted amendment of the complaint and filing of a fresh affidavit, and preserved the respondent's right to cross-examine on the corrected material. The refusal to allow correction was set aside.

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Issues: Whether the complainant could be permitted to correct typographical errors in the cheque particulars stated in the complaint and affidavit and file a fresh affidavit in support of the complaint.

Analysis: The complaint and supporting affidavit carried an incorrect cheque number, but the cheque, bank return memo and notice on record bore the correct particulars. The error was noticed during the proceedings and was treated as a bona fide typographical mistake rather than a deliberate or prejudicial defect. Since the materials already on record matched the intended cheque particulars, correction of the complaint and supporting affidavit was considered permissible, with opportunity preserved for the respondent to cross-examine on the corrected material.

Conclusion: The request for amendment and filing of a fresh affidavit was allowed, and the order refusing such correction was set aside.

Ratio Decidendi: A bona fide typographical error in cheque particulars in a complaint can be permitted to be corrected when the supporting record clearly identifies the intended transaction and no prejudice is caused to the accused.

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