SMT. SHYAMA PATEL Vs. MEHMOOD ALI

JUDGEMENT

(1.) This petition under section 482 of the Cr.P.C., 1973 has been filed to assail the order dated 10.02.2017, passed by Sessions Judge, Shahdol, in Criminal Revision No. 78/2015, whereby the order dated 27.07.2015 passed by the learned JMFC, Shahdol, in Criminal Case No. 1957/2014, for offence under section 138 of the Negotiable Instruments Act, has been set aside wherein the learned JMFC had allowed certain amendments in the complaint.

(2.) The complaint filed by the complainant/petitioner against the respondent-accused for offence under section 138 of the N.I. Act, alleging the dishonour of the cheque. In the complaint case, the petitioner moved an application for amendment at paragraph-5 and other parts claiming that the date mentioned in the complaint dated 28.05.2013 has been erroneously typed, because of typographical mistake, which ought to have been 28.05.2014. The same was allowed by the learned JMFC vide order dated 27.07.2015 and amendment was carried out.

(3.) The accused-respondent preferred criminal revision before the learned Sessions Judge, Shahdol, the same was allowed on 10.02.2017 and the order dated 27.07.2015 has been set aside, holding that the complainant is not entitled to make any amendment in the complaint under section 138 of the NI Act. High Court of Madhya Pradesh