2020 (9) TMI 101

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....C dismissed the application presented by respondent/complainant under Section 6 Rule 17 CPC in Cr. Case No. 1669/208 under Section 138 of N.I. Act. Case of the respondent/complainant is that respondent/complainant filed a complaint under Section 138 of N.I. Act on dated 18.07.2014 against the petitioner-accused. It is alleged by the respondent/complaint that petitioner-accused took loan of Rs. 95,000/- from the respondent but petitioner did not return the amount within one month. Thereafter, the petitioner-accused gave a cheque of same amount to the respondent. Respondent/complainant deposited the cheque in her account in Axis Bank, Sidhi. The same became dishonoured due to insufficient fund. Then, respondent/complainant issued a legal n....

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.... amendment in the memo of complaint which is against the provision of Negotiable Instruments Act. He further submits that the learned court below lost sight to look to the facts come on record and wrongly allowed the revision application of the respondent, which is highly objectionable and deserves to be quashed, because if the amendment is permitted to incorporate in the memo of complaint, entire facts may be changed and is very difficult to the petitioner to defend himself, so the impugned order passed by the learned court below is bad in the eye of law and is liable to be quashed. Learned counsel for the respondent/complainant submits that the petitioner-accused did not raise objection regarding the maintainability of the revision bef....

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..... For this contention, reliance is placed on a decision in the matter of State of M.P. Vs. Awadh Kishore Gupta, 2004(2) JLJ 234, wherein Hon'ble the Apex Court has held that "every Court whether civil or criminal possesses inherent power to do right and to undo a wrong in course of administration of justice." 10. Further reliance was placed on a decision in the matetr of Bhim Singh Vs. Kan Singh, 2004(2) DCR 158, wherein in a prosecution under section 138 of the Negotiable Instruments Act, Rajasthan High court has held that application for amendment of cheque number and date of information by bank on ground of typographical mistake which was allowed by the trial court, it was held that trial Court has inherent power to rectify ....