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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS
Maya W/O. Remesan – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor – Respondent
Formal amendments to a complaint under Section 138 of the Negotiable Instruments Act, such as correcting typographical errors in branch name ('Vavvakkavu' to 'Oachira') and cheque type ('account payee' to 'bearer'), are permissible if they do not alter the substance or prejudice the accused, especially where execution of the cheque is undisputed. (!) [2] (!) [5][7] (!)
| Table of Content |
|---|
| 1. allegations under section 138 of the ni act and complaint amendment. (Para 1 , 2) |
| 2. court's analysis on amendment impact and legal precedents. (Para 3 , 7) |
| 3. arguments regarding the nature of proposed complaint amendments. (Para 4 , 5) |
| 4. permissibility of formal amendments without prejudice. (Para 6) |
ORDER :
1. The petitioner is the accused in S.T.No.121/2019 on the file of the Judicial First Class Magistrate-II, Karunagappally (‘Trial Court’, in short), which has been filed by the 2nd respondent alleging the commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘NI Act’).
2. After the cross examination of the 2nd respondent (PW1), he filed Annexure A petition seeking to correct two mistakes in the complaint i.e., the name ‘Vavvakkavu’ in place of ‘Oachira’ and ‘account payee cheque’ in the place of ‘bearer cheque’. The said application was opposed by the petitioner through Annexure B objection. Accepting the objection, the Trial Court dismissed the application by Annexure C order. Assailing Annexure C order, the 2nd respondent filed Crl.R.P.No.11/2020 before the Additional Sessions Judge-IV, Kollam (‘Revisional Co
Amendments to complaints are permissible if they are formal and do not alter the nature or cause prejudice to the accused.
Amendments to complaints under the Negotiable Instruments Act that change the nature of the complaint are not permissible if they could cause prejudice to the accused.
Criminal Courts can allow amendments to complaints that are formal in nature and do not prejudice the accused.
Typographical errors in criminal complaints can be corrected if they do not influence the case's essence and do not cause prejudice to the accused.
Courts may allow amendments to complaints post-cognizance if no prejudice is caused to the accused, focusing on ensuring justice rather than strictly adhering to procedural technicalities.
Presence of curable infirmities in complaints allows amendments; substantial amendments can cause prejudice.
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