Amendments to a complaint can be allowed under Section 482 if they serve the interests of justice, while not infringing on the rights of the accused.

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA)

Heard Sri Mahantesh Patil, learned counsel for the petitioner and Sri Krupa Sagar Patil, learned counsel for the respondents.

2. The present petition is filed under Section 482 of the Code of Criminal Procedure , with the following prayer:

“WHEREFORE, for the reasons stated above amongst others, it is humbly prayed that the Hon’ble Court be pleased to quash the impugned Order dated 25.01.2024 passed by the learned II Addl. Civil Judge and JMFC, Sindhanur, in C.C.No.891/2018 vide Annexure-E in the interest of justice and equity.”

3. Petitioner is the complainant who launched the criminal prosecution against the respondents for the alleged offence punishable under Section 138 of the Negotiable Instruments Act .

4. It is the contention of the petitioner that due to inadvertence some dates are wrongly mentioned in the complaint which is against the material documents and therefore, he wanted to amend the petition and file amended petition which was rejected by the learned Trial Judge.

5. Validity of the said Order is called in question by the complainant in this petition.

6. Sri Mahantesh Patil, learned counsel for the petitioner would contend that proposed amendment is utmost necessary for establishing case of the petitioner and should not prejudice the respondents inasmuch as the dates that is now sought to be amended is based on material documents.

7. Per contra, Sri Krupa Sagar Patil, learned counsel for the respondents would contend that amendment to the petition would not improve the case of the petitioner inasmuch as the dates mentioned in the legal notice which is a mandatory requirement under Section 138 (b) of the Negotiable Instruments Act which is the basis of lodging the complaint and in the said notice itself, there are mistaken dates.

8. Therefore, mere allowing the complaint to be amended would not improve the case of the complainant and sought for dismissal of the petition.

9. Having heard the arguments of both sides, this Court is of the considered opinion that if the proposed amendment is allowed reserving the right of the accused to establish its defence including the discrepancies with regard to the dates mentioned in the legal notice, ends of justice would be met.

10. Accordingly, the following:

ORDER (i) Criminal Petition is allowed.

(ii) Consequently, amendment sought for by way of application is also allowed on payment of cost of Rs.5,000/- payable by the petitioner to the respondents.

(iii) It is made clear that mere amending the criminal complaint filed under Section 200 of the Code of Criminal Procedure shall not in any way affect the right of the accused which has already accrued to him through material documents.

Sd/-