Vutla Gopichand v. G.Ravi

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL Criminal Revision Case No. 1270 of 2015 Order:

This Criminal Revision Case is directed against the orders, dated 12.06.2015, passed in Crl.M.P.No.995 of 2015 in CC No.55 of 2015 by the Special Magistrate VI, Hyderabad. 2 .

The complaint is filed under Section 138 of the Negotiable Instruments Act. It is stated that in the complaint and in the chief affidavit the date of cheque was wrongly mentioned as 13.08.2014 instead of 12.08.2014. However, the cheque dishonour memo, intimation letter of the bank, legal notice, reply notice and other documents contain the date of cheque as 12.08.2014. Realizing the said mistake, the complainant has filed Crl.MP No.995 of 2015 in CC No.55 of 2015 for amendment of the said date.

The Court below, after hearing both sides and on considering the material on record, allowed the said petition permitting the complainant to correct the date of cheque in the complaint, however, permission to amend the deposition was not accorded and it was left open to the complainant to depose in his evidence with regard to the correct date of cheque by way of reexamination with permission. I see no illegality or irregularity in the impugned order passed by the learned Magistrate warranting interference of this Court. There are absolutely no merits in the revision case and the same is liable to be dismissed.

3. Accordingly, the Criminal Revision Case is dismissed.

4. As a sequel thereto, the miscellaneous petitions, if any, pending in the Criminal Revision Case shall stand closed. __________________ M.S.K. JAISWAL, J.

Date: 09.07.2015 Nsr