Case Note & Summary
The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by the Judicial Magistrate, First Class, Darwha, in Criminal Complaint Case No. 1360 of 2007. The original complainant, Syed Mazaruddin, had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the accused issued a cheque for Rs.5,00,000/- dated 30.06.2006, which was dishonoured due to 'drawer had stopped the payment'. The complainant died during pendency, and his legal heirs were allowed to prosecute. The complainants sought an amendment to correct the date of presentation of the cheque from 30.06.2006 to 30.06.2007, claiming it was a typographical error. The Magistrate allowed the amendment, which the accused challenged. The High Court examined whether the amendment changed the nature of the complaint or caused prejudice. The court noted that the amendment was merely to correct a date and did not alter the cause of action or the defence available. The court held that the Magistrate's order was correct and dismissed the application, allowing the amendment to stand.
Headnote
A) Criminal Procedure - Amendment of Complaint - Section 482 CrPC - Section 138 Negotiable Instruments Act, 1881 - The court considered whether an amendment to correct the date of cheque presentation in a complaint under Section 138 NI Act could be allowed. The court held that the amendment did not change the nature of the complaint and was necessary to correct a typographical error. The accused were not prejudiced as they had full opportunity to defend. The court allowed the amendment and set aside the Magistrate's order rejecting it. (Paras 1-10)
Issue of Consideration
Whether the amendment sought by the complainants to correct the date of presentation of the cheque in a complaint under Section 138 of the Negotiable Instruments Act, 1881, could be allowed without causing prejudice to the accused.
Final Decision
The High Court dismissed the criminal application and upheld the order of the Judicial Magistrate, First Class, Darwha, dated 20.04.2013, allowing the amendment application (Exh.78) in Criminal Complaint Case No. 1360 of 2007.
Law Points
- Amendment of complaint under Section 138 of Negotiable Instruments Act
- 1881
- Section 482 of Code of Criminal Procedure
- 1973
- Power to allow amendment to correct typographical error
- Amendment not changing nature of complaint
- No prejudice to accused
Case Details
2023 LawText (BOM) (04) 132
Criminal Application (APL) No. 683 of 2013
Mr. M. M. Agnihotri for the applicants, Mr. R. J. Mirza for the non-applicants
Ramdeobaba Developers and Builders through its Partner Harikisan Vithaldasji Chandak and others
Syed Mazaruddin Syed Shabuddin (Since dead, through his Lrs) and others
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Nature of Litigation
Criminal application under Section 482 CrPC challenging order allowing amendment in complaint under Section 138 NI Act
Remedy Sought
The applicants (accused) sought to quash the order dated 20.04.2013 passed by the Judicial Magistrate, First Class, Darwha, allowing the amendment application (Exh.78) in Criminal Complaint Case No. 1360 of 2007.
Filing Reason
The complainants sought amendment to correct the date of presentation of the cheque from 30.06.2006 to 30.06.2007, which the accused opposed as changing the nature of the complaint.
Previous Decisions
The Judicial Magistrate, First Class, Darwha, allowed the amendment application (Exh.78) on 20.04.2013.
Issues
Whether the amendment sought by the complainants to correct the date of presentation of the cheque could be allowed without causing prejudice to the accused.
Submissions/Arguments
The applicants (accused) argued that the amendment would change the nature of the complaint and cause prejudice as it would alter the cause of action.
The non-applicants (complainants) argued that the amendment was merely to correct a typographical error and did not change the nature of the complaint.
Ratio Decidendi
An amendment to correct a typographical error in a complaint under Section 138 of the Negotiable Instruments Act, 1881, which does not change the nature of the complaint or cause prejudice to the accused, is permissible under Section 482 of the Code of Criminal Procedure, 1973.
Judgment Excerpts
In this criminal application, filed under Section 482 of the Code of Criminal Procedure, 1973, challenge is to the order dated 20.04.2013 passed by the Judicial Magistrate, First Class, Darwha, whereby learned Magistrate allowed the application (Exh.78) in Cri. Complaint Case No. 1360 of 2007, made by the complainants seeking amendment to the complaint filed under Section 138 of the Negotiable Instruments Act, 1881.
Procedural History
The original complainant filed a complaint under Section 138 NI Act in 2007. The complainant died on 19.08.2008, and his legal heirs were allowed to prosecute. The complainants filed an application (Exh.78) for amendment to correct the date of cheque presentation. The Magistrate allowed the amendment on 20.04.2013. The accused challenged this order by filing Criminal Application (APL) No. 683 of 2013 under Section 482 CrPC before the High Court. The High Court dismissed the application on 28.04.2023.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Negotiable Instruments Act, 1881: 138
