Bansal Milk Chilling Centre vs Rana Milk Food Private Ltd. & Anr.

Court

Supreme Court of India

Date

25 July 2025

Case No.

Criminal Appeal No. 3178 of 2025

Result

Allowed

Bench

B.V. Nagarathna, K.V. Viswanathan

Citation

[2025] 7 S.C.R. 1631 : 2025 INSC 899

Acts & Sections

CrPC Negotiable Instruments Act, 1881 Bharatiya Nagarik Suraksha Sanhita, 2023

Issue for consideration

When can amendments to complaints be allowed after cognizance is taken; whether on facts, any prejudice would be caused to the accused-respondents if the amendment to the complaint, as prayed, is allowed.

Headnote

Code of Criminal Procedure, 1973 – Negotiable Instruments Act, 1881 – Amendments to complaints post-cognizance – Test of ‘prejudice to the accused’ – Appellant filed complaint u/s.138, NI Act, against the accused-respondents stating that the respondents had purchased Desi Ghee (milk products) but, the cheques issued by them were dishonored – However, after cognizance was taken, the appellant filed an amendment application to amend the complaint stating that due to a typographical mistake it was pleaded in the complaint that the respondents had purchased Desi Ghee (milk products) while it should have been milk – Amendment allowed by Trial Court – Order set aside by High Court – Interference with: Held: The amendment was moved at a stage when after summons being issued to the respondents, the chief examination of the complainant had concluded and when cross-examination was awaited – The amendment made is also only with regard to the products supplied – On the facts of the present case and considering the stage of the trial, no prejudice would be caused to the accusedrespondents – It was a curable irregularity which the Trial Court rightly addressed by allowing the amendment – No failure of justice would occasion by allowing the amendment at a stage when the evidence of the complainant was incomplete – Amendment did not alter the nature and character of the complaint – Order of the High Court set aside and that of the Trial Court is restored. [Paras 17-20]

Judgment K.V. Viswanathan, J. 1. Leave granted. 2. 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 short “the NI Act”) for the last nearly two years. BRIEF FACTS: 3. The appellant, on 08.04.2022, filed a complaint under Section 138 of the NI Act, against the respondents. The complaint averred that the respondents had purchased Desi Ghee (milk products) and that c

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