How to amend complaint in sec. 138 of n.i.act.
rakhesh
(Querist) 25 December 2015
This query is : Resolved
Sir I filed criminal case under Sec. 138 of NI act but in the pleadings I have taken both accused transcations, but in cause title I have mentioned only one accused name and details and forgotten to take another accused name and address. How to seek for amendment of complaint.
SAINATH DEVALLA
(Expert) 25 December 2015
What was UR lawyer doing at the time of drafting the complaint?
Devajyoti Barman
(Expert) 25 December 2015
Such mistakes are permissible to be corrected by way of amendment in criminal complaint.
File an amendment petition.
SAINATH DEVALLA
(Expert) 25 December 2015
Act as per the advise of the above legal experts.
Advocate. Arunagiri
(Expert) 25 December 2015
You can add any additional party as accused u/s 319 cr.p.c
malipeddi jaggarao
(Expert) 26 December 2015
You filed the complaint on your own as party-in-person or through lawyer? If it is through lawyer, ask him to file petition for amendment of the complaint as suggested by experts.
rakhesh
(Querist) 27 December 2015
thank you sir, Ok I understood the point,it was drafted by counsel, and I need clarification under what provision I seek for amendment?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 December 2015
Once the complaint if filed nor further amendment allowed.If the name of the accused is not mentioned in cause title it means the complainant has left him knowingly.
Please see what higher courts have to say in such matters.
AMENDMENT IN COMPLAINT.
Bombay High Court 2013
Bench: A.M. Thipsay
14. In my opinion, the change was in a statement of fact made in the complaint. If a mistake had occurred in the complaint, the only way of correcting the same was in the course of evidence.
No amendment with respect to the relevant statement could have been permitted by the Magistrate. The order passed by the Magistrate, as also by the Sessions Judge, being patently illegal, need to be interfered with while exercising the Constitutional
jurisdiction of this Court.
15. The Petition is allowed. The impugned orders are set aside.
The amendment carried out pursuant to the impugned orders be cancelled, and the complaint be restored to its original position.
2008 IN THE SUPREME COURT OF INDIA
30. The court had no jurisdiction to allow the amendment of the complaint petition at a later stage.
Therefore, the High court was not correct in taking the aforementioned view in the facts and circumstances
Dr J C Vashista
(Expert) 27 December 2015
I fully agree with Advocate Defense, no provision existed (till date) in Cr. PC for amendment of complaint.
K.S.Srinivas
(Expert) 30 December 2015
I go with the expert Advocate Defence.
T. Kalaiselvan, Advocate
(Expert) 03 January 2016
I concur with the views of advocate defense that an amendment to complaint may not be tenable.
Adv D P Jindal
(Expert) 19 March 2019
May the title of case be amended? If the complaint is filed under 138 NI Act. (1) The Company (2) Company through Director (3) Company through director. Seek change as (1) Company (2) Director of Company (3) Director of Company. May it be allowed. Case is in consideration stage.
