SHANKAR PARSHURAM Vs. VIJAY SANJAY LOHAR

JUDGEMENT

(1.) By this petition, Petitioner challenges the order passed below Exhibit 17 by learned Judicial Magistrate First Class, (Court No. 2), Kolhapur (for short 'JMFC') in Summary Criminal Case No. 5535 of 2022 whereby the learned JMFC has refused amendment/correction in number of cheque mentioned in complaint.

(2.) It is the contention of learned counsel for petitioner that respondent has issued cheque to the petitioner, it was dishonoured. Notice was issued to the respondent, but he did not reply to the said notice. Thereafter, a complaint was filed against the respondent under Sec. 138 of the Negotiable Instruments Act, 1881 (For short, 'NI Act'). In the said complaint, matter is posted for cross-examination of the petitioner. At that time, petitioner came to know that cheque number mentioned in the complaint is wrong i.e. last digit of the cheque number is incorrect. Hence, the petitioner had filed an application for amendment before the learned JMFC to correct the last digit of cheque number. Learned JMFC has rejected the said application on the ground that the matter is posted for cross-examination of the petitioner. Hence, such types of amendments cannot be permitted.

(3.) Learned counsel further submitted that though notice was issued to the respondent about dishonour of the cheque, he did not reply to it. The respondent is not disputing the issuance of the cheque. Due to typographical mistake, last digit of the cheque number is mentioned wrongly in the complaint. The plea of the respondent is recorded by the learned JMFC. In the said plea, correct cheque number is mentioned. So, by correcting last digit of cheque number, no prejudice is going to be caused to the respondent, but this fact is not considered by the learned JMFC. Hence, requested to allow the petition.