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...respondent to carry out the amendment in a criminal complaint on the premise that the amendment was made prior to taking cognizance of the offence.2. On 9-5-2007, the...recorded in part on 18-5-2007 and further recorded on 23-5-2007. Next day i.e on 24-5-2007, the respondent moved an application seeking amendment to the complaint by praying for insertion of Paras 11(a) and...that under the Criminal Procedure Code there is no provision for amendment of complaint and in the absence of any specific provision in the Code, the courts below erred in allowing the ...
...the documents placed on record by the complainant took cognizance of the matter in a casual manner without application of judicial mind and issued process against the petitioner.
(V) That the ...alien to law as there are no provisions in the Code of Criminal Procedure which deals with amendment of complaint or substitution of accused...in the complaint that a notice of demand was sent through registered post to the petitioner, which was received by him but despite that, he failed to pay the cheque(s) amount within the stipulated...
...title of the complaint.37. Recently the issue as to whether an amendment in a criminal complaint can be made or not has been considered in the case of S.R...Code of Crimianal Procedure which prohibits the amendment of a complaint or the impleadment of an Additional accused subsequent to the filing of the complaint. In the absence of any such prohibition, no..., there is no provision in the N.I. Act or the Code of Criminal Procedure which prohibits the impleadment of a party to the complaint as an additional accused/opposite party. Similarly, there is no...
...allowed the amendment. The appellant raised an objection that there was no power with the court to allow amendment of such a petition/complaint in the Code of Criminal Procedure, 1973 (hereinafter...application. It is not that there is a complete ban/bar of amendment in the complaints in criminal courts which are governed by the Code, though undoubtedly such power to allow the amendment has t...be made in the complaint does not relate either to a curable infirmity or the same cannot be corrected by a formal amendment or if there is likelihood of prejudice to the other side, then the court...
...has cited views expressed by the Hon'ble High Courts of Andhra Pradesh, Madhya Pradesh and Allahabad, allowing the amendment in a criminal complaint filed under Section 138 of the NI Act, where the...(supra), directing the complainant to make a formal amendment in the complaint, noting that such a defect in the complaint was curable in nature. While the Hon'ble Cou..., it is also clear that where there is a simple/ curable infirmity in the complaint and neither does it change the nature of the complaint nor cause prejudice to the accused persons, a formal ...
...follows:
" A Criminal Procedure Code, 1973 - Ss. 190(1)(a), 200,202,203 and 204 - amendment in Criminal complaint - when permissible ... - Held, although there is no specific provision in CrPC to amend a complaint or a petition filed under CrPC, if amendment sought to be made relates to a simple infirmity ...Under Section 482 of the Code of Criminal Procedure, praying to call for the records in E.O.C.C.No.240 of 2013 pending on the file of the Additional Chief Metropolitan Magistrate-I, Economic Offences...
...:
" A Criminal Procedure Code, 1973 - Ss. 190(1)(a), 200,202,203 and 204 - amendment in Criminal complaint - when permissible princip...provision in CrPC to amend a complaint or a petition filed under CrPC, if amendment sought to be made relates to a simple infirmity which is curable by means of a for...Under Section 482 of the Code of Criminal Procedure, praying to call for the records in E.O.C.C.No.239 of 2013 pending on the file of the Additional Chief Metropolitan Magistrate-I, Economic Offences...
...amendment of complaint in a criminal case. There is also no provision in the Code of Criminal Procedure or in the Act prohibiting amendment of complaint. It is ...amendment sought to be made in the complaint does not relate either to a curable infirmity or the same cannot be corrected by a formal amendment or if there is likelihood of prejudice to the other...correcting the words “2 accused” appearing in paragraph 6 of the complaint as “4 accused”. This Court permitted amendment of the complaint. This Court held that a formal amendment for curing an...
...the amendment even in a criminal complaint. Secondly, the complaint under Section 138 NI Act is not strictly a criminal case but NI Act was brought into force for making the comm...for amendment that qua the aforesaid complaint and the cheque concerned, the authorized signatory had issued a legal notice dated 6.4.2015 to the respondent-accused in the matter of dishonouring of the...& Construction Pvt. Ltd. In the said case, the petitioner filed an application for amendment of the complaint almost after the evidence of the complainant was recorded. The petitioner stated in the application...
...the petitioner-complainant to file an appeal against the acquittal earned
by the opposite parties in a complaint case on account of the latest amendment
carried out in the Code of ...
IN THE HIGH COURT OF JHARKHAND AT RANCHI.
Cr.M.P. (D.B.) No. 2199 of 2014
…
Budi Kumari Khatri @ Budi Kumari, Daughter of Sri Radha
Krishna Khatri, Resident of Rani...Singh, C.J.
1. Mr. R.P. Gupta, learned counsel for the petitioner-complainant states that
he may be allowed to withdraw the instant criminal miscellaneous petition
enabling...
.... Grievance of the petitioner is that the learned Magistrate allowed an amendment of the complaint, which is impermissible in law. There cannot be a dispute that a criminal complaint cann...Crl.M.P No. 3344/2009. Relevant facts are as follows:In the complaint, it is mentioned that complainant is a Public Limited Non Banking Finance Company, registered under the...ORDERPetitioner is the accused in C.C No. 2021/2008 on the file of the Judicial First Class Magistrate - I, Thrissur. He is called up to answer a charge under...
...considered the scope for amendment of averments in a criminal complaint in the judgment in S.R Sukumar v. S. Sunaad Raghuram....amendment cannot be permitted in a case where process had already been issued to the accused and the plea of the accused was also recorded. So the said Bombay High Court judgment cannot be construed as an authority for the .... In this case we are not concerned with the question whether a criminal court has the power to allow amendment of pleadings. What was involved was only a correction of a clerical mistake to do ju...
...submits that the order passed by the revisional Court is not good in the eyes of law. 5. Per contra, learned counsel for the respondent-accused submits that in a criminal case there is no provisio...claimed that in the criminal complaint case by inadvertent mistake cheque dated 28.05.2013 has ought to have been 28.05.2014. It is a clerical and typographical error, therefore, the petitioner...petitioner moved an application for amendment at paragraph-5 and other parts claiming that the date mentioned in the complaint dated 28.05.2013 has been erroneously typed, because of typographical...
...the notice has been sent of a chequedifferent from the one which was dishonoured. It is further submitted that there is no provision of amendment in a criminal proceedings and hence, once a ...:- (VIA VIDEO CONFERENCING) CRL.M.C. 3367/2021 Page 2 of 6 a. Pass an order calling for the records of the Criminal Complaint NI Act case bearing No. 886/2021 titled "Devender Kumar Tyagi Vs...) 904, M. R. Choudhary v. Stateof Rajasthanwhere the complaint was filedabout a particular cheque whereaschequesubmitted before the trial court wasdifferent. Hence theaccused was acquittedbut here in the...
...not allow such amendment in the complaint.
14. When the Courts have taken such a ...amendment in the proceeding under Section 125 Cr.P.C. and moreover the amendment sought for is not a typographical mistake and amendment is not permissible in the proceeding under Code of ...settled law that the proceeding under Section 125 Cr.P.C. is quasi criminal proceeding and quasi civil proceeding and furthermore in this case the amendment sought for by the Opposite Party No.2 is...
...corrected by a formal amendment or if there is likelihood of prejudice to the other side, then the court shall not allow such amendment in the complaint."
5. This Court had o...from the aforesaid decisions can be stated as follows. Though there is no express provision in the Code of Criminal Procedure or the Act empowering a Magistrate to permit amendment of a complaint ...amendment, the court may permit such an amendment to be made. On the contrary, if the amendment sought to be made in the complaint does not relate either to a curable infirmity or the same cannot ...
...petition was opposed by the accused in the said case mainly on the ground that there is no provision either in the Criminal Procedure Code or in the N.I. Act to seek amendment of a ...an erroneous view. The law is now well-settled that eventhough there is no provision in the Cr.P.C. or in the N.I. Act to amend the complaint in a criminal case that in appropriate cases ..., also the Apex Court held that amendment can be permitted in a criminal case. In the said case, the name of the company was wrongly mentioned in the complaint. Instead of “Modi Industrie...
...
8. The issue, whether a criminal court has power to order amendment of a complaint filed under Section 200 of the Cr.P.C., is no longer res integra. ...Act states that to take cognizance of any offence punishable under Section 138, a written complaint is mandatory. Unless expressly prescribed, if to set a criminal case in
...and not a mistress of justice. However, the said adage has been followed only in the breach in this case. A simple issue of an amendment to a complaint has held up a trial under ...
...1947 Act in respect of offences set out therein. On this basis the complainant/respondent filed a fresh complaint in the Court of Special Judge, Bombay (created under the Criminal Law Amendment Ac...all criminal prosecutions the accused shall enjoy the right to a speedy and public trial”. This is in addition to the Fifth Amendment which inter alia declares that “no persons shall … be deprived of...have far-reaching consequences in tens of thousands of criminal cases pending in courts all over the country”. Accordingly, the bench directed the cases to be placed before a Constitution Bench...
..., Additional Public Prosecutor appearing for the State of Maharashtra, submitted that the amendment cannot be permitted to be done in criminal complaint by a criminal court and the name of the acc...provision in Criminal Procedure Code by which a complainant can make a prayer to the Magistrate for permitting him to amend the complaint by changing the name of the accused and substituting one...proceeded by Additional Chief Metropolitan Magistrate, 40th Court, Girgaon, Mumbai in permitting the respondent No. 2 to amend the criminal complaint filed by her against the present petitioner by...