[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect

Madhya Pradesh High Court has iterated that the defect of mentioning incorrect dates of cheque in the complaint cannot be cured since there is no provision in the CrPC to amend the criminal complaint. Justice Verma, therefore, opined that the trial court had committed an error by allowing the application for making amendments to the original complaint filed under Section 138 of NI Act. Similarly, the accused had also challenged the trial court's order that rejected his Section 142 application before the High Court. The incorrect dates of the cheques, as admitted by the respondent/complainant, are found simultaneously in the notice issued to the accused, the original complaint and the affidavit filed along with it, the court pointed out.