TANTULAL AHIRWAR Vs. KRISHNA AGRO SALES

JUDGEMENT

(1.) WITH the consent of both the parties, the final arguments were heard at the motion stage.

(2.) PETITIONER /accused has filed this petition under Section 482 of the Cr.P.C. for quashing the order dated 4.7.2012 passed by Judicial Magistrate First Class, Vidisha in Private Complaint No. 1694 of 2010 whereby, the application filed by the respondent/complainant for making correction in the private complaint has been allowed.

(3.) LEARNED counsel for the petitioner assailing the legality and validity of the order has submitted that it was a criminal case wherein no provision has been made in the Cr.P.C. for amendment in the complaint, affidavit and notice because of this the application filed by the respondent ought not to have been allowed by the trial court. Learned counsel further pleads that the mistake regarding the cheque number was not only in the complaint but also in the notice which was given by the respondent to the petitioner/accused for demand of cheque money and in the affidavit which was filed by the respondent in support of the contents of complaint, the same cheque number 09463 was mentioned. The said mistake cannot be corrected in the criminal proceedings. On the aforesaid submissions, learned counsel has prayed for setting aside the impugned order.