Criminal Petitioner challenged the order allowing amendment to a complaint under Section 138 of N.I. Act alleging cheque dishonour. Court found amendment justified and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF SEPTEMBER 2024 BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 101260 OF 2022
BETWEEN:
SHRI. GIRMALLAPPA S/O. SHIVAPPA CHOUGALA, AGE: 63 YEARS, OCC: AGRICULTURE AND ALSO MILK VENDING, R/O: KURABAR ONI, AINAPUR, ATHANI- 591303 TALUKA & DISTRICT – BELAGAVI.
…PETITIONER
(BY SRI. DEEPAK S. KULKARNI, ADVOCATE)
AND:
SHRI. NINGAPPA S/O. CHANNABASAPPA PUJARI, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: AINAPUR, ATHANI- 591303, TALUKA – ATHANI & DISTRICT - BELAGAVI
…RESPONDENT
BHARATHI H M
Location: HIGH COURT OF KARNATAKA
(BY SRI. SANGRAM S. KULKARNI & SRI. SHARAD M. PATIL, ADVS.)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO THE ORDER, DATED 05.03.2022 PASSED BY THE JMFCVII COURT, BELAGAVI IN CRIMINAL CASE NO.712/2019 IN RESPECT OF THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, IN ALLOWING APPLICATION FILED FOR AMENDMENT OF COMPLAINT, MAY KINDLY BE QUASHED/SET-ASIDE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by petitioner –accused praying to quash/set aside the order dated 05.03.2022 passed in Criminal Case No.712/2019 by JMFC -VII Court, Belagavi registered for the offence punishable under Section 138 of the Negotiable Instruments Act,1988 (Herein after referred as to “N.I” for brevity).
MLK P after the name of accused”. The said application was contested by the petitioner by filing objections. Learned Magistrate after hearing parties and considering objections has allowed the amendment application by the impugned order which is challenged in this appeal.
4. Considering the said aspect, learned Magistrate
has rightly allowed the application seeking amendment. There are no grounds for quashing/setting aside the impugned order.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP CT:ANB List No.: 1 Sl No.: 40
2 issues framed by the court
Whether the High Court should quash the order allowing amendment to the complaint in a Section 138 of N.I. Act case.
Whether the amendment allowing description of signatory causes prejudice to the accused.
2 provisions across 2 enactments
SHRI. GIRMALLAPPA S/O. SHIVAPPA CHOUGALA
SHRI. NINGAPPA S/O. CHANNABASAPPA PUJARI
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
