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HIGH COURT OF BOMBAY
G. A. SANAP, J
Ramdeobaba Developers and Builders through its Partner Harikisan Vithaldasji Chandak – Appellant
Versus
Syed Mazaruddin Syed Shabuddin (Since dead, through his Lrs) – Respondent
| Table of Content |
|---|
| 1. amendments to complaints stemming from curable defects. (Para 1 , 2 , 3) |
| 2. arguments regarding prejudice caused by amendments. (Para 4 , 7 , 8) |
| 3. legal considerations for amendments in criminal complaints. (Para 9 , 10 , 19 , 20) |
| 4. court's conclusion on the appropriateness of the amendment. (Para 14 , 30) |
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.75) in Cri. Complaint Case No. 1272 of 2007, 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 prosecu
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