9911796707
TMI Blog2024 (4) TMI 1212X X X X Extracts X X X X X X X X Extracts X X X X ..... rt based on the discussion and applying the principles laid down in the various judgments cited therein by the learned counsel, allowed the said application to carry out necessary corrections/ amendment. However, while ultimately arriving at the conclusion as to whether the amendment is required to be permitted, the High Court had merely arrived at the conclusion that if such amendment is not permitted, it would prove fatal to the case of the complainant and as indicated, the respondent/complainant was only seeking the correction of the year. The High Court has, in fact, lost sight of the fact that the documents also contain the said date and the evidence recorded is also to the same effect. In a matter of the present nature, where the date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laint had been filed on 02.01.2013. The matter has thus proceeded before the learned Magistrate. Subsequently, the respondent had tendered evidence before the learned Trial Court. At that stage, claiming that inadvertently a typographical error had arisen with regard to mentioning the year of the cheque, the respondent had filed an application seeking amendment of the said complaint. The application for amendment was filed as late as on 24.10.2017. The learned Magistrate, having taken note of the said application for amendment, has through her Order dated 13.07.2018, arrived at the conclusion that the amendment, as sought for, would not be justified inasmuch as the said date, which is now sought to be corrected, has already been recorded in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and applying the principles laid down in the various judgments cited therein by the learned counsel, allowed the said application to carry out necessary corrections/ amendment. However, while ultimately arriving at the conclusion as to whether the amendment is required to be permitted, the High Court had merely arrived at the conclusion that if such amendment is not permitted, it would prove fatal to the case of the complainant and as indicated, the respondent/complainant was only seeking the correction of the year. The High Court has, in fact, lost sight of the fact that the documents also contain the said date and the evidence recorded is also to the same effect. 8. Therefore, the opinion reached by the High Court to arrive at the conclus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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