LexBANSAL MILK CHILLING CENTRE versus RANA MILK FOOD PRIVATE LTD. & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2025] 7 S.C.R. 1631 : 2025 INSC 899 Bansal Milk Chilling Centre v. Rana Milk Food Private Ltd. & Anr. (Criminal Appeal No. 3178 of 2025) 25 July 2025 [B.V. Nagarathna and K.V. Viswanathan,* JJ.] 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 cognizance was taken, the appellant filed an amendment application to amend the complaint stating that due to a typographical mistake it was pleaded in the complaint that the respondents had purchased Desi Ghee (milk products) while it should have been milk – Amendment allowed by Trial Court – Order set aside by High Court – Interference with: Held: The amendment was moved at a stage when after summons being issued to the respondents, the chief examination of the complainant had concluded and when cross-examination was awaited – The amendment made is also only with regard to the products supplied – On the facts of the present case and considering the stage of the trial, no prejudice would be caused to the accused- respondents – It was a curable irregularity which the Trial Court rightly addressed by allowing the amendment – No failure of justice would occasion by allowing the amendment at a stage when the evidence of the complainant was incomplete – Amendment did not alter the nature and character of the complaint – Order of the High Court set aside and that of the Trial Court is restored. [Paras 17-20] * Author 1632 [2025] 8 S.C.R. Supreme Court Reports Case Law Cited S.R. Sukumar v. S. Sunaad Raghuram [2015] 9 SCR 1105 : (2015) 9 SCC 609; U.P. Pollution Control Board v. Modi Distillery and Others [1987] 3 SCR 798 : (1987) 3 SCC 684; Kunapareddy alias Nookala Shanka Balaji v. Kunapareddy Swarna Kumari and Another [2016] 2 SCR 608 : (2016) 11 SCC 774 – relied on. Munish Kumar Gupta v. Mittal Trading Company, 2024 SCC OnLine 1732 – distinguished. List of Acts Code of Criminal Procedure, 1973; Negotiable Instruments Act, 1881; Bharatiya Nagarik Suraksha Sanhita, 2023. List of Keywords Amendments to complaints after cognizance is taken; Amendments to complaints post-cognizance; Amendment to the complaint; Amendment application; Test of ‘prejudice to the accused’; No prejudice caused to accused; Typographical mistake; Inadvertent error; Curable irregularity; Desi Ghee (milk products); Milk; Amendment to the complaint allowed; Stage of amendment; Summons issued to the accused; Complainant yet to be cross- examined; Evidence of the complainant incomplete, No failure of justice; Amendment did not alter nature and character of the complaint; Cheques dishonored. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 3178 of 2025 From the Judgment and Order dated 23.08.2024 of the High Court of Punjab & Haryana at Chandigarh in CRM-M No. 53932 of 2023 Appearances for Parties Adv. for the Appellant: Chritarth Palli. Advs. for the Respondents: Aabhas Kshetarpal, Dhiliban Varadarajan, Harsh N Dudhe. [2025] 8 S.C.R. 1633 Bansal Milk Chilling Centre v. Rana Milk Food Private Ltd. & Anr. Judgment / Order of the Supreme Court Judgment K.V. Viswanathan, J. 1. Leave granted. 2. Procedure, it is said, is only a handmaiden and not a mistress of justice. However, the said adage has been followed only in the breach in this case. A simple issue of an amendment to a complaint has held up a trial under Section 138 of the Negotiable Instruments Act, 1881 (for short “the NI Act”) for the last nearly two years. BRIEF FACTS: 3. The appellant, on 08.04.2022, filed a complaint under Section 138 of the NI Act, against the respondents. The complaint averred that the respondents had purchased Desi Ghee (milk products) and that cheques issued by them numbering three and totaling to an amount of Rupees Fourteen Lakhs had been dishonored. Summons was issued to the respondents and at the stage when the complainant was yet to be cross-examined, an amendment application to amend the complaint was mo
Excerpt shown. Read the full judgment & AI analysis in Lexace.