HIGH COURT OF BOMBAY
G. A. SANAP, J
Harikisan Vithaldasji Chandak – Appellant
Versus
Syed Mazaruddin Syed Shabuddin (Since dead, through his Lrs) – Respondent
| Table of Content |
|---|
| 1. introduction to the case and complaint details. (Para 1 , 2) |
| 2. details on the amendment application and its context. (Para 3 , 4) |
| 3. discussion of legal ramifications of amendments. (Para 9 , 25) |
| 4. conclusions on the maintainability of the amended complaint. (Para 24 , 26) |
1. 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.65) in Cri. Complaint Case No. 517 of 2008, made by the complainants seeking amendment to the complaint filed under Section 138 of the Negotiable Instruments Act , 1881 (hereinafter referred to as “the N.I. Act” for short).
2. The facts relevant for the decision of this application may be stated thus :
The applicants are the accused and the non-applicants are the complainants. They would be referred by their nomenclature in the complaint. The original complainant was Syed Mazaruddin. He died on 19.08.2008 during pendency of the complaint. His heirs, the present complainant nos.1 to 4, are allowed to prosecute the complaint. The deceased co
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.