Filing of chief affidavit in sec. 138 ni case

Querist : Anonymous (Querist) 26 November 2017 This query is : Resolved
Dear all,
Request you to kindly advise on the following:

A chit fund company filed a complaint u/s 138 ni act against the accused for Rs. 8 lacs. Later, the complainant filed chief affidavit stating that the accused owes his company an amount of 3 lacs and filed cheque for 3 lacs and other documents and they have been marked as exhibits. During the cross examination, the complainant admitted that the contents and the complaint and the chief affidavit are different.
At this stage, the counsel for the complainant filed a memo before the court stating that there are two cheques of the same accused and the chief affidavit was mistakenly filed the other cheque which was not the subject matter of the present case and requested the court to allow him to file the chief afresh.

Please suggest me if this will request be allowed, if so under which provision of law. Also suggest me if we have any case laws/judgments.
Thank you.

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P. Venu

(Expert) 27 November 2017
The chief affidavit cannot travel beyond the averments in the complaint. Trust your lawyer to take care of the situation.

Vijay Raj Mahajan (Expert) 27 November 2017
Carelessly presented case by the advocate of the complainant shows the caliber of such advocates practicing in courts.
Anyhow the trial court has to decide the memo presented by the complainant. In usual course the court usually allow amendments but in civil matters, this being criminal trial u/s 138 NI Act, this being serious mistake shouldnot be allowed to be corrected by filling fresh affidavit in chief.

Dr J C Vashista (Expert) 29 November 2017
Sorry, no reply for anonymous author.

V R SHROFF (Expert) 29 November 2017
Anonymous Query: NO REPLY.

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