BHIM SINGH Vs. KAN SINGH

JUDGEMENT

(1.) This criminal misc. petition under S. 482, Cr. P.C. has been filed by the complainant-petitioner with 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 S. 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 : On 22-2-2001, a complaint under S. 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 it 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. On that complaint, the learned Addl. Chief Justice Magistrate, Nathdwara took cognizance on 27-3-2001 and thereafter, on 4-10-2001, contents of the offence were read over and explained to the respondent, who pleaded not guilty and claimed trial. On 5-1-2002, an application was filed by the complainant-petitioner in the said Court stating inter alia that due to inadvertence, and typographical mistakes, the cheque number and date of information by the Bank have been wrongly mentioned in paras Nos. 1 and 2 respectively of the complaint and, therefore, it was prayed : (i) That in para No. 1 of the complaint, instead of Cheque No. 383326 the cheque No. 343336 be read; and (ii) That in para No. 2 of the complaint, instead of date 8-1 -2001, the date 9-1 -2001 be read. A reply to that application was filed by the respondent on 18-2-2002. The said application of the complainant-petitioner seeking amendment in the complaint was rejected by the learned Addl. Chief Judicial Magistrate, Nathdwara through impugned order dated 9-10-2002 holding inter alia that since inherent power does not exist in the lower Court, therefore, such mistakes could have not been rectified by him. Aggrieved from the said order dated 9-10-2002 passed by the learned Addl. Chief Justice Magistrate, Nathdwara, this petition under S. 482, Cr. P.C. has been filed by the complainant petitioner.

(3.) I have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent and gone through the record of the case.