LEKHRAJ SINGH KUSHWAH Vs. BRAHMANAND TIWARI

JUDGEMENT

(1.) THIS petition under section 482 of CrPC is for quashing the order dated 4.8.2011 passed by the Third ASJ, Vidisha, in Criminal Revision No. 12/11, whereby order dated 24.11.10 passed by JMFC, Kurwai, in Criminal Case No.37/2010 has been affirmed.

(2.) THE brief facts of the case are that the respondent has filed a private complaint under section 138 of the Negotiable Instruments Act (in short the Act) alleging that petitioner use to do agricultural work and also owns a nursery for which the petitioner borrowed a sum of Rs.74,000/ - from the respondent and in return gave an account payee cheque of Rs.74,400/ - of the State Bank of India dated 20.3.2009. It is further alleged that when the respondent presented the cheque in Barbai branch of State Bank of India, the same was dishonoured. Thereafter, a registered notice was given to the petitioner, but the amount has not been paid. After inquiry, the complaint has been registered and during the evidence, respondent was examined and cross -examined. After completion of the cross - examination, the respondent filed an application for amendment in the complaint before the trial Court submitting that cheque No.332534 has been wrongly mentioned in place of 332554 due to negligence of the respondent's counsel and not because of the respondent. The learned trial Court allowed the application and ordered for carrying out necessary amendment in the complaint. Being aggrieved, the order passed by the learned trial Court was challenged before the learned ASJ who has affirmed the order passed by the trial Court. Being aggrieved, this petition has been filed.

(3.) THE learned counsel for the respondent supported the impugned order and submits that there is a typographical error which can be amended, therefore, there is no scope for any interference in the impugned orders passed by the Courts below.