Cheque date amendment in Section 138 proceedings refused where the date was material to notice and cause of action.

In Section 138 NI Act proceedings, a proposed amendment to correct the cheque year from 2010 to 2012 was held impermissible because the cheque date had been consistently stated as 22.07.2010 in the statutory notice, complaint and evidence. The court treated the date as materially significant to the statutory notice requirements and the cause of action, so the change was not a mere clerical correction. It would also have created inconsistency with the supporting evidence. The amendment was therefore not justified and should not have been allowed.

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Issues: Whether the complaint and supporting evidence could be amended to correct the year of the cheque from 2010 to 2012 in proceedings under Section 138 of the Negotiable Instruments Act, 1881.

Analysis: The date of the cheque had been consistently reflected as 22.07.2010 in the statutory notice, the complaint, and the complainant's evidence. The proposed correction was sought at a late stage and would not merely cure a clerical error, because the cheque date was material to the statutory requirements governing notice and the cause of action in cheque dishonour proceedings. Permitting the correction would also leave the supporting evidence inconsistent with the amended pleading.

Conclusion: The amendment was not justified and ought not to have been allowed.

Ratio Decidendi: A correction that alters a materially significant cheque date in Section 138 proceedings cannot be permitted where the date has been consistently reflected in the statutory notice, complaint, and evidence, and where the change would affect the statutory foundation of the prosecution.

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