VIJAYALAKSHMI FINANCE LTD Vs. A SUDEEP

JUDGEMENT

(1.) PETITIONER has called in question the order dated 16.10.2009 in Criminal Revision Petition Nos.574/2009 and 575/2009 on the file of II Addl.District and Sessions judge, Mysore, confirming the order dated 27.8.2009 in C.C.Nos.84/2001 and 51/2003.

(2.) PETITIONER has filed a private complaint under Section 138 of the Negotiable Instruments Act. During the course of the trial, it is revealed that accused had not issued the cheque and his brother had issued the cheque and in this regard, the complainant sought for altering the charge for one punishable under Section 420 of IPC. The said request was rejected by the trial court and confirmed by the revisional court.

(3.) HAVING regard to the same, liberty is given to the complainant to file fresh complaint for an offence punishable under Section 420 of IPC, if there is a material. In the circumstances, the order of the trial court as well as the revisional court is just and proper, they do not call for interference.