Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—Amendment of complaint—High Court permitted complainant to carry out the amendment regarding year of the cheque in question—Appeal—Where the date is relevant aspect based on which the entire aspect relating to the issue of notice within the time frame as provided under the Negotiable Instruments Act and also as to whether as on the date there was sufficient balance in the account of the issuer of the cheque would be the question, the amendment, as sought for, in the present circumstances, was not justified—Opinion reached by the High Court to arrive at the conclusion that the mistake could be committed while taking copies from the computer would not be justified in the facts of the present case where legal notice had indicated the date, and based on the same, the complaint had been initiated—Impugned judgment and order passed by High Court is set aside—Appeal allowed.
[Paras 8 & 9]