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2021 (9) TMI 145 - HC - Indian LawsDishonor of cheque - insufficiency of funds - during the pendency of the complaint, an application under Order VI Rule 17 CPC was filed for amendment in the complaint on the ground that by mistake cheque No. 628895 has been wrongly mentioned as 628892 - HELD THAT:- The undisputed fact is that alongwith the complaint, the respondent has filed the cheque No. 628895. Even in the statutory notice the cheque number was mentioned as 628895, however, in the complaint, the cheque number was mentioned as 628892. 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 simple infirmity, which is curable by means of a formal amendment, and by allowing such an amendment, no prejudice would be caused to the applicant, as he was served with a statutory notice giving the correct cheque number, i.e. 628895. If a notice is given on the basis of incorrect cheque number, then the entire foundation will fall and the complainant cannot maintain his complaint on the basis of incorrect cheque number. However, in the present case, it is not the case of the applicant that the statutory notice was issued to him by mentioning incorrect cheque number. The Magistrate in its order has also mentioned that the cheque number mentioned in the cheque, written memo and statutory notice is 628895, whereas only in the complaint the cheque number has been mentioned as 628892, therefore, it is a formal infirmity. Since the defect was a formal in nature without affecting the maintainability of the complaint, therefore, this Court is of the considered opinion that no jurisdictional error was committed by the Courts below by allowing the application filed under Order VI Rule 17 CPC. Application dismissed.
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