TMI Blog2022 (1) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , he has deposed that the cheque number was 054285 whereas in the memorandum dated 17.09.2016, the cheque number had been mentioned as 024337. Only after the deposition of D.W. 2, the respondent/complainant had come to know that the cheque number is 054285 and not 024337, as mentioned by him in the legal notice and the complaint. The respondent/complainant has stated that mentioning the cheque number wrongly as 024337 instead of 054285, is neither wilful nor wanton but only due to the reason the Manager D.W. 2 had wrongly mentioned the cheque number in his memorandum dated 17.09.2016 (Ex. P2) as 024337. It was further stated by the respondent/complainant that the ambiguity was due to the fact that both the numbers were given in the cheque a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion for amendment, the stage at which such amendment can be permitted has to be taken into account. In this case, the petition has been filed only during the course of trial and that too, when the matter was brought to light by the defense and at that stage, the amendment could not be permitted and thereby, he would seek to set aside the impugned order. 6. Heard the learned counsel for the petitioner and perused the materials available on record. 7. The respondent/complainant had filed the complaint under Section 138 of Negotiable Instruments Act against the petitioner/accused in respect of the dishonour of the cheque dated 17.09.2016 for ₹ 5,00,000/- drawn on Tamilnadu Mercantile Bank Limited, Kayamozhi Branch. The cheque had b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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