TMI Blog2020 (11) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... ning 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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.100118/2020 has been filed by the complainant. The very same complainant subsequent to the rejection of his earlier I.A. seeking amendment of the complaint filed one more similar application, however, with the prayer of amending the very same paragraph in the complaint by way of substitution of the words in the first week of December with the words in the month of November and December . The said application also came to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 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. As such, the trial Court ought not to have shown concern about the strength of the complaint, in the alleged absence of any details regarding the date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the application dated 24.09.2019 fled by the complainant seeking permission for amending his complaint is remanded to the trial Court for its consideration afresh and in accordance with law. In order to enable the trial Court to proceed with the matter without any delay, both the parties are directed to appear before the trial Court without anticipating fresh notice or summons on 12.11.2020 and p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
