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TMI Blog2003 (11) TMI 618X X X X Extracts X X X X X X X X Extracts X X X X ..... ication dated 5.1.2002 filed the complainant petitioner be allowed. 2. It arises in the following circumstances:- On 22.2.2001, a complaint under Section 138 of the Act of 1881 was filed by the complainant-petitioner against the respondent in the Court of Addl. Chief Judicial Magistrate, Nathdwara stating inter-alia that a cheque No. 383326 for ₹ 2 lacs was issued by the respondent in favour of the petitioner, but the said cheque was dishonoured and it was returned with the endorsement that the amount in question was not found in the account of the respondent and that information was sent by the Bank to the petitioner on 8.1.2001. Thereafter, a notice was issued by the petitioner to the respondent and after the expiry of period of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the petitioner and the learned counsel appearing for the respondent and gone through the record of the case. 4. Before proceeding further, it may be clarified first whether the mistakes as pointed out by the complainant petitioner in the complaint were typographical mistakes or not and for that Ex.P/1, which is a cheque, may be referred to where the cheque number has been clearly mentioned as 343336 and in Ex.P/2, which is a letter which was issued by the Bank to the petitioner complainant, the date has been clearly mentioned as 9.1.2001, while in the complaint filed by the complainant petitioner, the cheque number and date have been shown as 383326 and 8.1.2001 respectively. In this view of the matter, the mistakes can be said to be typ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... those thing without which the thing itself could not exist. 8. The Courts exist for dispensation of justice and not for its denial for technical reasons when law and justice otherwise demand. Even though inherent power saved under Section 482 Cr.P.C. is only in favour of High Courts, the subordinate criminal courts are also not powerless to do what is absolutely necessary for dispensation of justice in the absence of a specific enabling provisions provided there is no prohibition and no illegality or miscarriage of justice is involved. Thus, this Court is of the view that all the criminal courts are having such an auxiliary power subject to restrictions which justice, equity, good conscience and legal provisions demand provided it will no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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