Naresh Kumar v. Mohan Lal

CRM-M-3990-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-3990-2020

Reserved on: 21.04.2022

Pronounced on: 16.05.2022 Naresh Kumar

...Petitioner

Versus

Mohan Lal

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Mohan Singh Chauhan, Advocate for the petitioner. Mr. Harsh Goyal, Advocate for the respondent. **** ANOOP CHITKARA, J.

1.

Aggrieved by the dismissal of the application seeking rectification in the complaint and one of the exhibits, the complainant has come up before this Court. 2.

In the legal notice dated 09.08.2018, the date of return memo was mentioned as 02.02.2018 which was infact as 02.08.2018 and in the complaint, the same date was mentioned as 02.07.2018.

3.

Vide Annexure P-6 learned Magistrate dismissed the application on the grounds that the mistake was in both the legal notice and the complaint and it was brought to the notice of the applicant at the time of his cross-examination but despite that he did not file any application on time and now he has given in the belated stage. 4.

I have gone through the application for amendment of the complaint and satisfied with the explanation offered. As such the petition is allowed and the impugned order dated 10.01.2020 (Annexure P-6) is quashed and set aside. The petitioner is permitted to make corrections in the complaint as well as in the legal notice. The errors are apparently typographical and due to over site no prejudice would likely to be caused to the accused in case these errors are rectified at this stage. 5.

Parties to appear before the concerned Court on 30.05.2022. Registry to communicate this order.

9.

Ordered accordingly.

(ANOOP CHITKARA) JUDGE 16.05.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.05.17 11:05 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH