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Supreme Court of India 2025-07-25 allowed

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

Bench: 2 — B.V. Nagarathna, K.V. Viswanathan

In Brief

The Supreme Court allowed an appeal challenging a High Court order that had quashed an amendment to a complaint filed under Section 138 of the Negotiable Instruments Act. The appellant had sought to correct a typographical error—changing 'Desi Ghee (milk products)' to 'milk'—after the respondent's summons was issued but before completion of examination. The Court held that amendments to complaints are permissible even after cognizance, provided they involve curable irregularities and cause no prejudice to the accused. Since the complainant's evidence was incomplete, no prejudice resulted. The trial court's amendment order was restored.

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Negotiable Instruments Act Criminal Procedure Amendment of Complaint Section 138 Trial Practice

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