FAJLUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant proceeding has arisen out of petition filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter 'CrPC'). The petitioner is aggrieved by order dtd. 20/2/2023 passed by the learned Sessions Judge, Morigaon in Criminal Revision No.09/2022, whereby the challenge of the petitioner to an earlier order dtd. 27/6/2022 passed by the learned Additional CJM, Morigaon in connection with CR Case No. 493/2020 under Sec. 142/138 of the Negotiable Instruments Act, 1881 (hereinafter 'the Act').

(2.) The complainant filed complaint under Sec. 138 of the Act with regard to alleged dishonour of a cheque issued by the petitioner/ accused for an amount mentioned as Rs.40,30,000.00 and subsequently allowed to be amended as Rs.4,30,000.00in the complaint petition and in the evidence- on -affidavit of PW-1 and PW-2. Admittedly, the case is at the stage of evidence and cross- examination has not yet started.

(3.) Sri A. I. Uddin, the learned counsel for the petitioner submits that this amendment allowing the complainant to replace the amount of the cheque in the complaint petition and evidence as stated above has caused him prejudice and adversely affected his defence leading him to challenge the same by way of criminal revision which was dismissed as mentioned above. Aggrieved by the same, he has come up before this court with a petition seeking invocation of the inherent powers under Sec. 482 CrPC.