Cheque bounce case

complaint can be amended after cognizance
Case BriefsSupreme Court

“Procedure, it is said, is only a handmaiden and not a mistress of justice. However, the said adage has been followed only in the breach in this case. A simple issue of an amendment to a complaint has held up a trial under Section 138 of the Negotiable Instruments Act, 1881 for the last nearly two years.”

Delhi High Court
Case BriefsHigh Courts

It was alleged that each alleged ‘dishonour’ comprised of a separate offence and even if committed on the same date (i.e., within the same year), not more than 03 such offences can be tried by way of a single complaint in view of section 219 Cr.P.C. There is no legal clarity on bar of filing more than three cheques in Section 138 of the NI Act complaint as per Section 219 CrPC; Delhi High Court issues notice to NCTD.