S SIYAD KHAN Vs. P S MEERA SAHIB

JUDGEMENT

(1.) Petitioner the accused in S.T.1836/2007 on the file of Judicial First Class Magistrate's Court-II, Pathanamthitta, filed this petition under section 482 of Code of Criminal Procedure to quash Annexure 6 order passed by Sessions Court, Pathanamthitta in Crl.R.P.145/2009, filed by the petitioner challenging Annexure 5 order passed by Judicial First Class Magistrate's Court, Pathanamthitta in Crl.M.P.2295/2009. Petitioner is the accused and first respondent the complainant in S.T.1836/2007, taken cognizance for the offence under section 138 of Negotiable Instruments Act. A proof affidavit, in lieu of chief examination was filed by the first respondent. Crl.M.P.2295/2009 was filed to correct the number of the cheque mentioned in the complaint as well as in the notice and the chief affidavit stating that due to a clerical error the number of the cheque was mentioned as 5965528, instead of 596528 and it is to be corrected. By Annexure 5 order learned Magistrate allowed the correction in the complaint but not in the notice and the affidavit. That order was challenged before the Sessions Court and learned Sessions Judge did not interfere with that order.

(2.) Learned counsel appearing for the petitioner was heard.

(3.) The argument of the learned counsel appearing for the petitioner is that as there is no provision in the Negotiable Instruments Act enabling a complainant to get the complaint corrected or amended and hnce learned Magistrate should not have allowed the prayer. Learned counsel also relied on the decision of the Bombay High Court in Neeraj Cement Structurals Pvt. Ltd and another v. Bombay J.C.B. Earth Movers and another (2009 KHC 574) and Trichur Financial Services (P) Ltd v. Salih and another (2009 KHC 841).