Criminal Misc. No.M-10874 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-10874 of 2009 Date of decision: 28.5.2009 Gurdeep Singh ......Petitioner Versus S.Sawinder Pal .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.P.K. Kataria, Advocate, for the petitioner. Mr.Anil Chawla, Advocate, for the respondent. **** SABINA, J. This petition has been filed by Gurdeep Singh under Section 482 of the Code of Criminal Procedure (“Cr.P.C. for short) for setting aside order dated 14.3.2009 (Annexure P-1) passed by the Judicial Magistrate, Ist Class, Amritsar, whereby the application filed by the petitioner seeking correction of the number of the cheque and amount of the cheque in the complaint was dismissed. Criminal Misc. No.M-10874 of 2009 2 The petitioner sold a house to the respondent and part payment was made by the respondent vide cheque No.785820 dated 12.9.2006 for a sum of Rs.50,000/-. However, when the cheque was presented for encashment, the same was dishonoured due to “insufficient funds” by Punjab & Sind Bank vide memo dated 10.1.2007. Despite service of notice, respondent failed to pay the amount in question and hence, the complaint was filed. On the basis of the preliminary evidence led by the petitioner, notice was issued to the respondent. The respondent was summoned to face the trial under Section 138 of the Negotiable Instruments Act, 1881 (for short- “ the Act”). During the pendency of the same, petitioner moved an application for correction of number and amount of the cheque dated 12.9.2006, as due to typographical error the same were incorrectly mentioned in the complaint filed by the petitioner. The said application was dismissed by the Judicial Magistrate, Ist Class, Amritsar vide the impugned order dated 14.3.2009 (Annexure P-1). Hence, the present petition. Learned counsel for the petitioner has submitted that inadvertently, in the complaint the number of the cheque was mentioned as 755820 instead of 785820 and the amount of cheque in question was mentioned as Rs.30,000/- instead of Rs.50,000/- due to typographical error. The original cheque had, however, been placed on record. In the notice served by the petitioner on the respondent, the number of cheque as well the amount of cheque Criminal Misc. No.M-10874 of 2009 3 had been correctly mentioned. During the course of arguments, learned counsel for the petitioner, has placed on record certified copy of the cheuqe in question. A perusal of the same reveals that the number of the cheque is 785820. It was drawn in favour of the petitioner for a sum of Rs.50,000/- by the respondent on 12.9.2006. It appears that due to inadvertence the number and amount of the cheque in question were not correctly mentioned in the complaint. The said typographical error is, thus, liable to be corrected to avoid any miscarriage of justice. The application for correction of the number and amount of the cheque in question in the complaint cannot be dismissed on the technical grounds. It is a settled proposition of law that whenever substantial justice and technicalities are pitted against each other, cause of substantial justice has to succeed. The original cheque in question is already on record. The mistake was apparently due to a typographical error. Accordingly, this petition is allowed. The impugned order dated 14.3.2009 (Annexure P-1), whereby the application seeking correction of number and amount of the cheuqe in question in the complaint was dismissed, is hereby set aside. The application seeking correction of number of cheque and its amount in the Criminal Misc. No.M-10874 of 2009 4 complaint is allowed. The petitioner is permitted to place on record fresh affidavit in support of the complaint. (SABINA) JUDGE May 28, 2009 anita