Sri.Namala Visweswara Rao, v. State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.1251 of 2017 ORDER :

Heard and perused the impugned docket order dated 20.04.2017 passed by the learned Special Magistrate, Erramanzil, in Crl.MP.(S.R.) No.1568 of 2017. It is in C.C.No.176 of 2016, maintained by the complainant against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the Act' ), that pending trial, un-numbered Crl.MP.(S.R.) No.1568 of 2017 was filed for amendment of correction of the so called typographical mistakes crept in the complaint and chief examination affidavit, the same was returned on the even date, for no provision of law was mentioned therein and mention of the same has to be made, against which, this revision is filed.

There is nothing wrong in asking the petitioner to mention the provision of law. In fact, in the Criminal Procedure Code, there is no provision for amendment like civil matters under Order VI Rule 17 C.P.C.

It is the submission of the learned counsel for the revision petitioner that as per the expression of the Apex

Court, such amendment for the offence under Section 138 of the Act is permissible.

When such is the case, it is left open to the petitioner to submit the said expression of the Apex Court, before the lower Court while re-submitting the said Crl.M.P.(S.R.). Accordingly, the Criminal Revision Case is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:27-04-2017 pab

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.1251 of 2017 DATE: 27.04.2017 pab