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BOMBAY HIGH COURT
G. A. SANAP, J
Ramdeobaba Developers and Builders through its Partner Harikisan Vithaldasji Chandak – Appellant
Versus
Kazi Syed Shabuddin Sayad Mazarhuddin – Respondent
| Table of Content |
|---|
| 1. challenge to the order permitting amendment to the complaint. (Para 1 , 2) |
| 2. details of the amendment application concerning vicarious liability. (Para 3 , 4) |
| 3. arguments from both sides regarding the amendment's implications. (Para 5 , 6 , 7 , 8) |
| 4. legal provisions regarding amendments in criminal procedures. (Para 9 , 10) |
| 5. resolution and dismissal of the application based on the arguments and law. (Para 25 , 26 , 27) |
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.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 (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 die
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