S.138 NI Act | Rajasthan High Court Permits Correction Of Date Of Presentation And Dishonour Of Cheque In Complaint Petition

The Rajasthan High Court has allowed an amendment to a complaint under Section 138 of the Negotiable Instruments Act, citing a typographical error. The court held that such amendments are permissible if they do not change the basic nature of the complaint and are necessary to rectify inadvertent errors. The case involved a cheque bounce complaint where the payee sought correction of a minor error in the cheque number mentioned in the complaint. The court emphasized the importance of substance over form in such matters, ensuring that technicalities do not thwart justice. This decision underscores the court's pragmatic approach in allowing procedural flexibility to correct inadvertent errors in legal filings.