Amendment of cheque dishonour complaint rejected where the proposed change was only a typographical correction in the cheque number.

Amendment of a complaint under cheque dishonour proceedings was examined where the only change sought was correction of a typographical error in the cheque number. The Court noted that the Code of Criminal Procedure contains no general provision permitting amendment of pleadings in criminal proceedings, and that strict compliance is important in Section 138 matters. It nevertheless reviewed prior authorities and, on the facts before it, treated the proposed correction as impermissible. The orders allowing the amendment were quashed, and the complaint amendment was rejected.

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Issues: Whether amendment of a complaint under Section 138 of the Negotiable Instruments Act, 1881 to correct the cheque number was permissible in proceedings under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The Court noted that there is no express provision in the Code of Criminal Procedure permitting amendment of criminal pleadings. It further held that earlier coordinate Bench decisions had consistently taken the view that such an amendment cannot be allowed, and that those decisions were binding on a later coordinate Bench. The Court held that the later view permitting correction of the cheque number could not override the earlier binding precedent. On the facts, the cheque number had been mentioned incorrectly not only in the complaint but also in the notice and affidavit, so the error could not be treated as a curable amendment at that stage.

Conclusion: The amendment was impermissible and the orders allowing it were unsustainable. The petition was allowed in favour of the appellant and the orders of the courts below were quashed.

Final Conclusion: A criminal complaint under Section 138 of the Negotiable Instruments Act cannot be amended to correct the cheque number in the absence of statutory power, and earlier coordinate Bench rulings bind later Benches on the same question.

Ratio Decidendi: In criminal proceedings, a complaint cannot be amended to correct the cheque number unless the statute expressly permits it, and a later coordinate Bench must follow an earlier coordinate Bench decision on the same issue.

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