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2022 (1) TMI 501 - HC - Indian LawsDishonor of Cheque - seeking amendment in the cheque number - cheque number is 054285 and that in the statutory notice the respondent/complainant had mentioned the cheque number as 024337 and he had also given the same number in the complaint and proof affidavit - HELD THAT:- This Court finds it to be a genuine and bonafide error by the respondent/complainant based on the return memorandum issued by the Bank. The Hon'ble Apex Court in S.R. Kumar vs. Sunaad Raghuram [2015 (7) TMI 1260 - SUPREME COURT], has held that though there is no specific provision in Cr.P.C. to amend the complaint or petition filed under Cr.P.C., if amendment sought to be made relates to a simple infirmity which is curable by means of formal application for amendment and by allowing such amendment, no prejudice would be caused to either side, such amendment could be made. In the opinion of this Court, it is only a curable infirmity and by allowing the amendment no prejudice would be caused to the petitioner/accused. The respondent/complainant has not attempted to introduce a number which is totally different to the proceedings and there is no other discrepancy and all other particulars tally with the notice and complaint. The petitioner/accused has attempted to take undue advantage of a genuine mistake which is curable. There is no infirmity or error in the order passed by the trial court - revision dismissed.
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