Nevertheless, regulation obligates the Magistrate, having cognizance to confirm, possibly on inquiry or by buying an investigation to find out the accused. Looking at this kind of authorized proposition, the Hon'ble Bombay Large Courtroom had rendered its judgment in
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Quite the opposite, If your amendment sought to be built while in the complaint isn't going to relate possibly to some curable infirmity or exactly the same can not be corrected by a proper Modification or if there is likelihood of prejudice to one other facet, then the Court docket shall not permit this sort of amendment in the grievance."
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6. Nonetheless, the mentioned judgment of Hon'ble High Courtroom doesn't seem to lay down the correct lawful proposition in relation to cheque bouncing instances, in The sunshine of the decision of Hon'ble Apex Court docket in
All of that has to be accomplished will be the building of a formal application for Modification through the appellant for leave to amend by substituting the name of Modi Industries Minimal, the company owning the economic device, in place of Modi Distillery... In addition, the legal infirmity is of such a character which may very well be easily cured."
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held that where the identify of the accused is wrongly stated during the complaint4, complainant may be permitted to amend his criticism. According to the Hon'ble Court, Justice of the peace has "incidental and ancillary power to the primary energy of taking cognizance of offence to permit these kinds of amendment"
8. "every single individual who, at enough time the offence was dedicated, was in command of, and was dependable to the corporate for that carry out on the organization of the corporation"