HARIKISAN VITHALDASJI CHANDAK Vs. SYED MAZARUDDIN SYED SHABUDDIN

JUDGEMENT

(1.) In this criminal application, filed under Sec. 482 of the Code of Criminal Procedure, 1973, challenge is to the order dtd. 20/4/2013 passed by the Judicial Magistrate, First Class, Darwha, whereby learned Magistrate allowed the application (Exh.65) in Cri. Complaint Case No. 517 of 2008, made by the complainants seeking amendment to the complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act" for short).

(2.) The facts relevant for the decision of this application may be stated thus :

(3.) Learned Magistrate took cognizance of the offence and issued process against the accused persons. The complaint was fixed for recording of the evidence. The complainants at that time made an application at Exh.65 for amendment. The proposed amendment was set out in paragraph 2 of the application. The sum and substance of the amendment application was that the relevant facts with regard to the vicarious liability of accused nos. 1 to 4 remained to be pleaded due to oversight. It was also stated in the said application that accused nos.1 to 4 being the Partners of the firm, are responsible for the conduct of day-to-day business of the firm and as such they are vicariously liable.