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TMI Blog2020 (11) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... mplaint filed by the petitioner/complainant under Section 200 Cr.P.C., alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I.Act', for brevity), against the present respondent (accused in the trial Court). 2. During the pendency of the case, the complainant filed an application seeking permission to amend his complaint in the form of removal of the word "on the dated first week of December 2018" from the complaint. The same was opposed by the accused by his objections stating that the application is liable to be dismissed in view of the rule of estoppel. The trial Court after hearing both side rejected the application. Challenging the same, criminal petition No.10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the alleged period of transaction cannot be permitted. 6. 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 want ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for its fresh disposal in accordance with law. 8. Accordingly, I proceed to pass the following: ORDER Criminal Petition No.100118/2020 is allowed. The impugned order dated 09.09.2019 passed by the trial Court in C.C.No.231/2019 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. He is permitted to amend the complaint accordingly and file an amended complaint in the trial Court within three weeks from today. Criminal Petition No.100119/2020 is allowed in part. The impugned order dated 21.12.2019 passed by the very same trial Court is set aside and th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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