The court clarified that while the complaint's narration or facts cannot be altered after filing, there is no specific provision in the Criminal Procedure Code preventing an amendment to the cause title.

The revision petitioner herein is the complainant and the respondent herein is the accused in C.C.No.1046 of 2005, on the file of the IX Metropolitan Magistrate, Saidapet, Chennai. The petitioner herein filed a private complaint against the respondent herein for an offence under Section 138 of Negotiable Instruments Act. Pending trial, after cross examination of P.W.1 complainant, the petitioner herein filed a petition to amend the cause title by inserting M/s. Hex Trading-HUF, represented by Karta above the name mentioned as Babuji Murugesan. The said petition was allowed by the learned Magistrate. Against the said order, the respondent herein filed a revision before the Sessions Court in Crl.R.C.No.52 of 2008 and the learned V Additional Sessions Judge, Chennai, set aside the order passed by the learned Magistrate and allowed the revision. Aggrieved by the order of the learned Sessions Judge, the petitioner herein has preferred this criminal revision petition before this Court.

2. According to the petitioner herein, though the complaint was filed in the name of Bapuji Murugesan, actually the complaint was filed by the said Bapuji Murugesan only as Karta of Hindu undivided family running the business of Hex Trading. The loan was given to the accused and towards return of the said loan, the cheques were issued by the accused favouring M/s. Hex Trading. In the cross examination, it was suggested by the accused that a wrong person has filed the complaint. Then, in the said circumstance, it had become necessary for the complainant to carryout the amendment of the cause title.

3. According to the respondent herein, complaint was filed only in the individual capacity and not as a Karta of Hindu Undivided Family. The respondent herein executed only a mortgage deed in favour of the petitioner and the petitioner demanded blank cheques as additional security, but the respondent never issued the cheques to M/s. Hex Trading and the accused has no liability towards Hex Trading.

4. The learned Magistrate allowed the petition for amendment on the ground that the accused had admitted about the issuing of the cheques as a security and also admitted the mortgage deed and the cheques were given to M/s. Hex Trading which is the business concern of the Hindu Undivided Family for which the complainant is a Karta.

5. The learned Additional Sessions Judge reversed the order on the ground that the cheques were issued only in favour of M/s. Hex Trading and only after the proceedings of the trial in part and after cross examination of the witness, the amendment petition was filed belatedly and in the Criminal Procedure Code, there is no specific provision to amend the pleadings of the complaint and the amendment petition should not have been allowed to fill up the lacuna.

6. The learned counsel for the petitioner herein submitted that for the notice issued to the accused under Section 138 of Negotiable Instruments Act, in his reply the accused had admitted about the receipt of Rs.20 lakhs and also about executing the mortgage deed. The petitioner Bapuji Murugesan is the Karta of the Hindu Undivided Family which was running the business in the name of M/s. Hex Trading and the loan was given to the accused only from the fund of the said M/s .Hex Trading and it was only an omission in the complaint to mention that the petitioner is the Karta of Hindu Undivided Family and no prejudice will be caused to the accused by amending the cause title, since the liability had already been accepted by the accused.

7. Per contra, the learned counsel for the respondent submitted that the payment was made by the petitioner only in his individual capacity, the mortgage deed was also executed only in favour of Bapuji Murugesan and not to M/s. Hex Trading and the legal notice was also issued by the petitioner only in his personal capacity and not as the Karta of the Hindu Undivided Family or as a sole proprietor of the business M/s. Hex Trading.

8. The learned