TRICHUR FINANCIAL SERVICES (P) LTD Vs. SALIH

JUDGEMENT

(1.) PETITIONER is the complainant in CC 1588/2007 on the file of Judicial First Class Magistrate, Thrissur. First respondent is the accused. Learned Magistrate took cognizance of the offence after recording the sworn statement on Annexure A1 complaint, alleging that first respondent committed an offence under S.138 of Negotiable Instruments Act. In paragraph 4 of the complaint there is a statement that after dishonour of the cheque an amount of Rs.40,000/- was paid by the accused. Petitioner filed Annexure A6 petition (MP No. 13914/2008) to amend the complaint by deleting the statement in the complaint that Rs.40,000/- was received from the accused subsequent to the dishonour. Annexure A7 objection was filed by first respondent contending that the admission cannot be taken away. Learned Magistrate dismissed the petition under Annexure A8 order. This petition is filed to quash Annexure A8 order.

(2.) LEARNED counsel appearing for petitioner was heard.

(3.) ON hearing the learned counsel and going through Annexure A8 order, I find no reason to interfere with the order. Whether the fact pleaded in the complaint is a mistake or not, cannot be decided at this stage. When the complaint contains an unambiguous recital that subsequent to the dishonour Rs.40,000/- was received from the accused, that admission in the complaint cannot be taken away by filing an application for amendment. Question whether the said statement was a mistaken fact as stated in the complaint is to be decided by the Magistrate on the evidence let in. Petition is dismissed.