Interim Order 11

Order Details: COPY OF ORDER
Pdf Text: 95 CC NI ACT 9044-2023
MIRANDA INCORPORATION Vs. MR. JAYARAJ PASIM
LAZAR
01.04.2024
Present: Complainant in person.
Complainant has filed an application for amendment
of complaint.
Submissions heard on the aforesaid application.
Record perused.
The present complaint u/s 138 of the NI Act has
been filed on the basis of following 2 cheques:-
(i) Cheque no. 000034 dated 05.05.2023 for an amount of
Rs.20,00,000/- drawn on the account of ‘Jayraj Pasim
Lazar’.
(ii) Cheque no. 000443 dated 01.05.2023 for an amount of
Rs.20,00,000/- drawn on the account of ‘Vivin Aviation
Pvt. Ltd.’
It is submitted by the complainant that accused no.1
‘Jayraj Pasim Lazar’ is the Managing Director of Kewin Groups
and its holding company ‘Vivin Aviation Pvt. Ltd.’ i.e. accused
no.2 herein. Complainant has submitted that the accused had
agreed to take legal services of the complainant for a sum of
Rs.40 lakhs pursuant to which the accused had issued the
cheques in question in favour of the complainant towards the
legally enforceable liability. However, the same were
dishonoured and hence the present complaint case.
The complainant has moved the present application for
amendment to incorporate necessary changes in paras no.1, 2, 3,
4, 5, 7, 13, 19 and 21 of the compliant. In the initial complaint
-- 1 of 3 --
-2-
filed by the complainant, the complainant has not impleaded
accused no.2 i.e. ‘Vivin Aviation Pvt. Ltd.’ as an accused in the
memo of parties. However, by way of the present application for
amendment, the complainant not only seeks to implead ‘Vivin
Aviation Pvt. Ltd.’ as accused no.2 but also seeks to incorporate
necessary averments qua the accused no.2 in the complaint.
The complainant has drawn the attention of the court
to an email received from accused no.2 company wherein the
accused no.2 has acknowledged the receiving of legal demand
notice issued by the complainant.
The Hon’ble Supreme Court of India in S.R.
Sukumar vs. S. Sunnad Raghuram, (2015) 9 SCC 609 has held
that although there is no specific provision in Cr.P.C. to amend
the petition or complaint filed under Cr.P.C., however, if the
amendment sought to be made relates to simple infirmity which
is curable by means of a formal amendment and by allowing such
amendment no prejudice will be caused to the other side, then the
Court may allow such amendment to be made.
The complainant has placed on record agreement
dated 25.03.2023 which prima shows that ‘Jayaraj Pasim Lazar’
is the Managing Director of ‘Vivin Aviation Pvt. Ltd.’ and in
view of the email received from the accused company, complaint
has made a prima facie case against the accused ‘Vivin Aviation
Pvt. Ltd.’ for the offence punishable under section 138 NI Act.
Accordingly, the present application for amendment is allowed
and amended complaint is taken on record.
The perusal of the amended complaint reveals that
the complainant has failed to mention ‘Vivin Aviation Pvt. Ltd.’
-- 2 of 3 --
-3-
as accused no.2 in the array of parties despite making necessary
averments qua the said company in the amended plaint.
Accordingly, the complainant is directed to file amended
memo of parties reflecting the name of both the accused
before the NDOH.
Put up for further proceedings on 23.04.2024.
(Neha Garg)
MM (NI Act)-02-PHC
NDD-ND-01.04.2024
-- 3 of 3 --