SC – Procedure is handmaiden of justice, not its mistress

 

 

Judgment dated  25.7.2025 of the Supreme Court in SLP [Criminal] No.15699 of 2024 of Bansal Milk Chilling Centre   Vs.  Rana Milk Food Private Ltd and another

Amendment of Section 138 NI Act Complaint

SC – Adage that procedure is only handmaiden and not mistress of justice is followed in breach –

The appellant had filed complaint that three cheques of Rs.14 lakhs given by the respondents for purchase of Desi Ghee (milk products) were dishonoured.

At the stage when the complainant was yet to be cross-examined, An application was made to amend the complaint that the respondents were purchasing “milk” and correct the typographical milk.

The trial Court allowed the application.   However, the High Court dismissed the amendment application.

HELD that no prejudice would be caused to the appellant.   The actual facts will have to be thrashed out at the trial.  As to what impact the amendment will have on the existence of debt or other liability is for the trial Court to decided on based on the evidence.   It  was a curable irregularity which the trial Court rightly addressed by allowing the amendment.