Supreme Court of India
Bansal Milk Chilling Centre v. Rana Milk Food Private Ltd. & Anr.
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What the Court ordered
For the reasons aforestated, the appeal is allowed. The judgment and order of the High Court of Punjab and Haryana at Chandigarh in CRM-M No. 53932 of 2023 (O&M) is set aside and that of the Trial Court dated 02.09.2023 is restored. The Trial Court shall proceed expeditiously and the parties will be at liberty to apply for recall of witnesses already examined.
Judgment, 20
From the headnote
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. Headnotes† 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…
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