T. M. MATHACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash Annexure A5 order passed by Judicial First Class Magistrate Court, Thaliparamba on 22/2/2022 in C.M.P. No.853/22 in STC No.1075 of 2017.

(2.) C.M.P. No.853/22 was an application filed seeking to amend the cause title of the complaint by adding 'Thuluvananickal Pipes Pvt. Ltd. Represented by' before the name of the complainant. In the application the respondent has filed counter statement stating that the amendment if allowed would cause serious prejudice to him. After hearing both sides, the court below has passed an order dismissing the application stating that the amendment if allowed and carried out, would change the character and nature of the complaint and it would cause great prejudice to the accused.

(3.) The learned counsel for the petitioner has contended that the complaint is filed under Sec. 190(1)(a) Cr.P.C seeking to launch a prosecution against the respondent/accused under Sec. 138 of the Negotiable Instruments Act (for short 'N.I. Act'). The copy of the complaint is produced as Annexure A1. The address of the complainant shown in the complaint is as follows :