Delhi High Court: Non-Impleadment of Firm in Cheque Bounce Case Is Curable Defect

The Delhi High Court ruled that failing to implead a firm as a party in a cheque bounce case under Section 138 of the Negotiable Instruments Act is a curable defect, and not grounds for dismissal.

Justice Amit Mahajan held that allowing an amendment to include the firm is appropriate, especially since the trial had not effectively begun, with summons unserved multiple times.

The complainant, who paid ₹35,000 in costs, can amend the pleading and include the firm, ensuring procedural technicalities do not obstruct justice.

[Himanshu v. TCNS Clothing Co. Ltd.]