OSWAL FINLEASE PRIVATE LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Section 482 has been filed for setting aside the impugned order dated 26.9.2013 passed by Addl. Civil Judge (CD) cum Addl. Chief Judl. Magistrate, No. 10, Jaipur Metropolitan, Jaipur in Criminal complaint No. 869/2006 whereby he denied the right to make amendments in typographical errors in the details of bounced cheque. Contention of the petitioner is that impugned order passed on application in which present petitioner has submitted that by typographical error the details disclosed in cheque has wrongly been mentioned in complaint and in the affidavit of the complainant whereas impugned cheque and notice bear right number of cheque and also presented with the complaint hence mistake is bona fide, present petitioner be allowed to make amendments in complaint and also be allowed to file the new affidavit in support of complaint.

(2.) Per contra contention of the learned counsel for the respondent is that mistake is not bona fide. In the complaint wrong cheque number has been written and cognizance has been taken way back in year 2006 thereafter affidavit in support of the complaint also bears the wrong cheque number on which cross examination has been done hence the court below was justified in not allowing the amendments.

(3.) Heard learned counsel for the parties and perused the impugned orders.