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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
DHANALAKSHMI – Appellant
Versus
STATE OF KERALA – Respondent
The petitioner challenged an order dated 11.2025 allowing amendment to a complaint under Section 138 of the Negotiable Instruments Act in C.C.No.487/2020. (!) [1][2][3][4] The petitioner argued the amendment would alter the complaint's nature and lacked specific provision under CrPC.[3][5] The respondent contended it involved only clerical corrections.[legal document summary] The Court held that criminal courts may permit formal amendments to complaints that do not introduce new pleadings, change the complaint's nature, or prejudice the accused.[4][6][7][8] No prejudice was found, so the petition was dismissed.[8] (!) (!)
| Table of Content |
|---|
| 1. the court addresses the suitability of amending complaints under specified legal frameworks. (Para 1 , 4) |
| 2. arguments regarding the proposed amendment's nature and whether it would alter the original complaint. (Para 2 , 3 , 5 , 6) |
| 3. court finds proposed amendments to be formal, emphasizing no substantial prejudice to the accused. (Para 7 , 8) |
JUDGMENT
The challenge in this Original Petition is to the order dated
12.11.2025 in CMP No.8390/2024 in C.C.No.487/2020 on the file of the Judicial First Class Magistrate Court – I, Ottapalam. The petitioner is the accused in C.C.No.487/2020. Respondent No.2/complainant filed a complaint alleging offence punishable under Section 138 of the Negotiable Instruments Act , 1881. He also filed an application seeking amendment of the pleadings. By way of the proposed amendment, the complainant seeks to change the sequence of transactions referred to in the complaint.
2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for respondent No.2.
3. The petitioner resisted the application contending that by way of amendment, the nature of complaint would ultimately be altered.
4. The learne
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