2001 (10) TMI 1160 - HC - Companies Law

Summary

Issues:
Amendment of cause title in complaints under Section 138 of the Negotiable Instruments Act, 1881.

Analysis:
The respondent-complainant filed complaints against the petitioners for the offence under Section 138 of the Negotiable Instruments Act, 1881. During the trial, the mis-description of the cause title in relation to the particulars of the complainant was noticed, leading to petitions for amendment to rectify the error. The trial court allowed the amendments, which were contested by the accused, arguing that the proprietary concern was not a juridical entity and the applications for amendment were belated. The trial court, relying on previous decisions, permitted the amendments. The petitioners challenged this decision, citing a previous case where complaints against a proprietorship concern were deemed defective. However, the judge found that the complaints were filed by the proprietor of the concern, who was examined as a witness and confirmed his status as the complainant. It was established through legal precedent that a proprietorship concern and its proprietor are considered one legal entity, and thus, the complaints were maintainable even without the proposed amendments. The judge concluded that the trial court's decision was correct, and the revisions were dismissed. The trial court was directed to continue the trial promptly and in accordance with the law.