https://www.taxtmi.com/caselaws?id=467932 In a prosecution under Section 138 of the Negotiable Instruments Act, a criminal court may allow amendment only where the defect is merely clerical or formal and no prejudice is caused to the accused. Although substantial amendments may sometimes be permitted before cognizance is taken, the complaint here had already advanced beyond that stage and evidence of the power of attorney holder had been recorded. The proposed amendment was not a formal correction; it introduced a material factual basis concerning the holder's knowledge of the transaction and would affect the accused's defence. The amendment was therefore impermissible and the order allowing it was set aside. en-us Fri, 22 Sep 2017 00:00:00 +0530 Thu, 09 Apr 2026 16:56:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=467932 In a prosecution under Section 138 of the Negotiable Instruments Act, a criminal court may allow amendment only where the defect is merely clerical or formal and no prejudice is caused to the accused. Although substantial amendments may sometimes be permitted before cognizance is taken, the complaint here had already advanced beyond that stage and evidence of the power of attorney holder had been recorded. The proposed amendment was not a formal correction; it introduced a material factual basis concerning the holder's knowledge of the transaction and would affect the accused's defence. The amendment was therefore impermissible and the order allowing it was set aside. Case-Laws Indian Laws Fri, 22 Sep 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=467932