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BOMBAY HIGH COURT
G. A. SANAP, J
Harikisan Vithaldasji Chandak, Ganesh Vithaldasji Chandak, Suresh Kanakmal Bothara, Dhiraj Champalal Chhallani – Appellant
Versus
Syed Mazaruddin Syed Shabuddin (Since dead, through his Lrs) – Respondent
| Table of Content |
|---|
| 1. introduction of the criminal application and its fundamental nature. (Para 1 , 2) |
| 2. discussion on the maintainability of the amendment application. (Para 4 , 9) |
| 3. arguments regarding the implications of the amendment. (Para 6 , 7 , 8) |
| 4. legal precedents establishing the boundaries of amendments. (Para 10 , 11 , 20) |
| 5. final determination on the legality of the amendment application. (Para 22 , 25) |
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 pen
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