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2026 Supreme(Online)(Mad) 28209

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M. NIRMAL KUMAR
RAJARAM – Appellant
Versus
K.Murugaiyan – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-03-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR and Crl.M.P.Nos.4351 and 4352 of 2026 Rajaram, S/o.Ramasami, No.7 & 8, Murugan Koil Street, Kothapurinatham, Periyababusamudram, Mannadipet, Puducherry – 605 102.

Petitioner/Accused Vs K.Murugaiyan, S/o.Krishnamurthy, No.42, Mahalakshmi Nagar, Palayam Post, Thirubuvanai, Puducherry – 605 107.

Respondent/Complainant PRAYER: The Criminal Original Petition filed under Section 528 of BNSS, 2023, praying to call for the records relating to the impugned judgment in Criminal Revision Petition No.16 of 2025 dated 30.01.2026 passed by the learned Principal Sessions Judge at Puducherry by confirming the order in M.P.No.1 of 2025 in S.T.C.No.2806 of 2024 dated 14.08.2025 passed by the learned Judicial Magistrate, Fast Track Court (N.I. Act), Puducherry and set aside the same.

For Petitioner(s): Ms.A.Aarthi

ORDER

The petitioner/accused, who is facing trial in S.T.C.No.2806 of 2024 for offence under Section 138 of the Negotiable Instruments Act, had filed this petition seeking to set aside the impugned judgment in Criminal Revision Petition No.16 of 2025 dated 30.01.2026 passed by the learned Principal Sessions Judge at Puducherry by confirming the order in M.P.No.1 of 2025 in S.T.C.No.2806 of 2024 dated 14.08.2025 passed by the learned Judicial Magistrate, Fast Track Court (N.I. Act), Puducherry.

2.The contention of the petitioner is that the respondent/complainant filed an amendment petition in Cr.M.P.No.1 of 2025 in S.T.C.No.2806 of 2024 to correct the cheque number ‘086301’ as ‘086302’, which was opposed by the petitioner. Despite the same, the correction was allowed by the Judicial Magistrate Court, Fast Track Court (N.I. Act), Puducherry. Aggrieved against the same, the petitioner preferred Criminal Revision Petition No.16 of 2025 before the learned Principal Sessions Judge, Puducherry. The learned Principal Sessions Judge, by judgment dated 30.01.2016, dismissed the same, against which the present petition is filed.

3.The learned counsel for petitioner submitted that the petitioner had suffered two concurrent findings. The petitioner already facing trial on the complaint filed by one Alagappan with regard to Cheque No.086301. The respondent/complainant got access to the cheques and misused the same. By allowing corrections, the falsity of the respondent/complainant would get rectified.

4.Considering the submissions made and on perusal of the materials, it is seen that the correction can be made in a criminal case, provided, it does not change the character of the case. The typographical error and small corrections are permitted. The Hon’ble Apex Court also approved the same. As rightly held by the learned Principal Sessions Judge, Puducherry, the petitioner can take this correction as defence during trial. This Court finds no reason to entertain this petition.

5.Hence, the Criminal Original Petition stands dismissed. Consequently, the connected Criminal Miscellaneous Petitions are closed.

06-03-2026 Index : Yes/No Speaking order/Non-speaking order Neutral citation : Yes/No rsi M.NIRMAL KUMAR, J.

rsi To

1.The Principal Sessions Judge Puducherry.

2.The Judicial Magistrate, Fast Track Court (N.I. Act), Puducherry.

and Crl.M.P.Nos.4351 and 4352 of 2026

06.03.2026

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