Possibility of amending a cheque bounce suit
My friend had filed for a cheque bounce suit. It came out during the hearing that the cheque number mentioned in the suit was different than the actual check number that was bounced. It was a typo. The defendants are arguing to dismiss the suit based on this fact. Can the suit be amended at this stage to correct the cheque number? If not and the suit is dismissed, can the plaintiff file a fresh suit? Or does he lose the right because it's been more than a month after the expiry of the 15 days notice period?
Asked in Criminal Law from Jajapur, Odisha
1. A cheque bounce case is a criminal complaint, not a suit, but it can be amended with the permission of the court if the amendment seeks to only rectify a typographical error. The trial courts are mostly reluctant to allow such amendments to criminal complaints, so your friend may eventually have to move the HIgh Court.
2. A fresh complaint cannot be filed.
1) it is typographical mistake . the correct cheque number would have been mentioned in legal notice . further the xerox copy cheque must have enclosed to the complaint as an exhibit. . com,plaint ought not to be dismissed by the magistrate
2) if petition is dismissed fresh complaint cannot be filed for same cheque
3) best option is to file summary suit under Order XXXVII of CPC
4) if you fail to file summary suit to recover your money your claim would be barred by limitation