BHIM SINGH Vs. KAN SINGH

JUDGEMENT

(1.) THIS criminal misc. petition under section 482 cr. P. C. has been filed by the complainant-petitioner with that the prayer that the impugned order dated 9. 10. 2002 passed by the learned Addl. Chief Judicial Magistrate, Nathdwara Distt. Rajsamand in criminal case no. 115/2001 by which the application of the complainant-petitioner to amend the complaint filed under Section 138 of the Negotiable Instruments act, 1881 (hereinafter referred to as "the Act of 1881") was dismissed, be quashed and set aside and the amendment application dated 5. 1. 2002 filed by the complainant-petitioner be allowed.

(2.) IT arises in the following-circumstances :

(3.) ON 22. 2. 2001, a complaint under section 138 of the Act of 1881 was filed by the complainant-petitioner against the respondent in the court of Addl. Chief Judicial Magistrate, Nathdwara stating inter alia that a cheque No. 383326 for Rs. , 2 lacs was issued by the respondent in favour of the petitioner, but the said cheque was dishonoured and was returned with the endorsement that the amount in question was not found in the account of the respondent and that information was sent by the Bank to the petitioner on 8. 1. 2001. Thereafter, a notice was issued by the petitioner to the respondent and after the expiry of period of that notice, the said complaint was filed by the petitioner.