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TMI Blog2021 (9) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 482 of Cr.P.C. has been filed against the order dated 10/2/2021 passed by the Sessions Judge, Vidisha in Criminal Revision No. 22/2019, thereby affirming the order dated 13/9/2019 passed by the JMFC, Vidisha in SCNIA No. 468/2017, by which the application filed by the complainant under Order VI Rule 17 CPC for correction of cheque number in the complaint has been allowed. 3. It is submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Trial Magistrate, the applicant preferred a revision which has been dismissed by the impugned order passed by the Sessions Judge, Vidisha. 6. It is submitted by the counsel for the applicant that once a criminal complaint under Section 138 of the Negotiable Instruments Act is filed, the same cannot be amended and to buttress his contention, he relied upon the order passed by the coordinate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch amendment, the Court may permit such an amendment to be made. 9. In the present case, the respondent/complainant has filed the cheque No. 628895. The statutory notice was also issued in respect of cheque No. 628895, however, by mistake it appears that in the complaint cheque number was mentioned as 628892. Under these circumstances, this Court is of the considered opinion that the mistake is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n (2018) 13 SCC 663 has considered the concept of taking cognizance of offence and not offender and its inapplicability to proceedings under Section 138 of the Negotiable Instruments Act. As per Section 138 of the Negotiable Instruments Act, the statutory notice is required to be given before maintaining a complaint. If a notice is given on the basis of incorrect cheque number, then the entire fou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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