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2020 (11) TMI 430 - HC - Indian LawsDishonor of Cheque - offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- A perusal of the impugned orders passed by the trial Court would go to show that, in its impugned order dated 09.09.2019, for rejecting the application filed by the complainant seeking deletion of the words "on the dated first week of December 2018", the trial Court has given the reason that, mentioning of the date or the period of transaction is very much necessary in a criminal proceeding under Section 138 of the N.I. Act, as such, deletion of the alleged period of transaction cannot be permitted. The said reasoning given by the trial Court is not a convincing reason in my view for the reason that, it is not mandatory that the alleged date of transaction must necessarily be given by the complainant in the proceedings under Section 138 of the N.I. Act to maintain the petition. It is for the complainant to decide whether giving the date of transaction or the period of transaction is necessary. If to prove the alleged transaction, date or the period is necessary, then it is required. If he fails to furnish such particulars, then it amounts to complainant himself leaving it vacant. Thus, it is for the complainant to decide regarding the strength of his complaint. If he wants to make his complaint more vivid and detailed, then it is for him to give all the details. But if he himself opts for deleting certain details from the complaint, then it is his act. Advantage of the same in such a circumstance may be taken by the defence side. The impugned order is set aside and the application under consideration filed by the complainant, which is dated 10.05.2019, is allowed and the complainant is permitted to delete the words "on the dated first week of December 2018" in para 3 of his complaint - Petition allowed in part.
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