GANAPATHI Vs. ISTEV

JUDGEMENT

(1.) The parties in both these petitions are common. The petitioner in both these petitions is the complainant in C.C.No.231/2019 said to be pending in the Court of the Principal Civil Judge and JMFC Court at Bhatkal (hereinafter referred to as 'the trial Court', for brevity), which has arisen out of the private complaint filed by the petitioner/complainant under Section 200 Cr.P.C., alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I.Act', for brevity), against the present respondent (accused in the trial Court).

(2.) During the pendency of the case, the complainant filed an application seeking permission to amend his complaint in the form of removal of the word "on the dated first week of December 2018" from the complaint. The same was opposed by the accused by his objections stating that the application is liable to be dismissed in view of the rule of estoppel. The trial Court after hearing both side rejected the application. Challenging the same, criminal petition No.100118/2020 has been filed by the complainant.

(3.) The respondent in both these petitions is being represented by his counsel. Learned counsel from both side are physically present in the Court.