CHHAYAKANT ACHARYA Vs. SAMITAV PANI

JUDGEMENT

(1.) The Petitioner is facing trial in I.C.C. No.303/2020 pending in the Court of learned J.M.F.C., Kendrapara instituted on the basis of a complaint filed by the present Opposite Party No.2 under Sec. 138 of the N.I. Act. In the present application filed under Sec. 482 of the Cr.P.C., he seeks to challenge the order dtd. 9/2/2023 passed by the Court below in allowing the application filed by the complainant to amend his complaint petition as well as his evidence affidavit.

(2.) The facts, relevant only to decide the present case are that the Opposite Party has filed the aforementioned complaint in the Court below claiming therein that the accused-Petitioner had taken a sum of Rs.6,60,000.00 from him with assurance to return the same within 15 days. However, he did not repay the amount and after much persuasion he issued a cheque bearing No.018496 dtd. 16/10/2020 amounting to Rs.7,20,000.00. The said cheque, when presented at the Bank was dishounoured on 19/10/2020 on the ground of insufficient funds. The complainant therefore, issued a legal notice to the accused to pay the amount, but the same not having been paid, he filed the complaint.

(3.) In course of hearing and after examination of the complainant and another witnesses, the complainant filed a petition purportedly under Order 6, Rule 17 of C.P.C. with prayer to amend the complaint petition as well as his evidence affidavit. It was specifically claimed that the figure Rs.7,20,000.00 should be mentioned in the 5th line of Col. No.7(a) of the complaint petition and the figure Rs.6,60,000.00 should be deleted. Similarly, in the evidence affidavit also the aforementioned figures were to be changed.