Kerala High Court
Ramadas vs State Of Kerala on 2 September, 2022
Author: Mary Joseph
Bench: Mary Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944
CRL.MC NO. 6051 OF 2022
AGAINST THE COMMON ORDER DATED 04.06.2022 IN
CRL.M.P.NO.1762/2022 AND CRL.M.P.NO.1763/2022 IN
C.C.NO.1032/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- I,
OTTAPPALAM
PETITIONER/ACCUSED:
RAMADAS, AGED 52 YEARS
S/O RAMAPANIKER, VETHATHODI PUTHANVEEDU,
KOUSTHUBAM, KULAPPULLY(P.O), SHORANUR, OTTAPALAM,
PALAKKAD DISTRICT PIN - 679502
BY ADV.SRI. K.RAVI (PARIYARATH)
RESPONDENTS & STATE OF KERALA/DEFACTO COMPLAINANT
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 GOKULAM FINANCE, VANIYAKULAM, OTTAPALAM
REPRESENTED BY ITS PROPRIETOR MANIKANDAN
AGED 42 YEARS, S/O RAMAN, THOTTINGAL VEEDU,
KOONATHARA, PANAYUR(P.O), VANIYAMKULAM,
OTTAPALM, PALAKKAD DISTRICT, PIN - 679522
R1 BY SRI G.SUDHEER, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6051 of 2022
2
ORDER
Dated this the 02nd day of September, 2022 This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') challenging the common order passed by Judicial First Class Magistrate Court-I, Ottapalam (for short 'the court below') in Crl.M.P.Nos.1762/2022 and 1763/2022 in C.C.No.1032/2018.
2. Petitioner is the accused in a prosecution launched by the 2nd respondent under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act'). Copy of the complaint is produced alongwith the petition on hand as Annexure 1. The complaint was taken cognizance of by the court concerned and C.C.No.1032/2018 was registered on its file. The 2nd respondent filed Crl.M.P.No.1762/2022 seeking to amend the complaint stating that a clerical error has crept into while drafting the same. The error according to him is regarding the date of the promissory note allegedly executed by the petitioner and his wife. True copy of Crl.M.P.No.1762/2022 filed by the 2nd respondent before the court below is also produced Crl.M.C.No.6051 of 2022 3 alongwith the petition on hand as Annexure 2. Another petition was also moved by the 2nd respondent as Crl.M.P.No.1763/2022 seeking to accept the promissory note. The court below has passed a common order allowing both applications. The court below had observed from the complaint that a specific plea that a promissory note was issued by the accused in his favour was taken there by the complainant. The proposed amendment being sought on the basis of the plea, amendment evenif allowed will not change the nature of the complaint. With the above observation, the petitions were allowed.
3. On a perusal of the copy of the complaint, this Court notices that an averment was taken by the complainant in the complaint that a promissory note was executed by the petitioner herein. True that the date of the promissory note was wrongly mentioned in the complaint. According to the learned counsel, in the lawyer notice issued prior to the filing of the complaint also the date was wrongly mentioned. The promissory note was produced alongwith a petition to accept the same. The promissory note bears the date 22.12.2016. In the complaint as well as in the notice the date was wrongly mentioned as Crl.M.C.No.6051 of 2022 4 10.04.2017. As rightly observed by the court below since the promissory note was produced and an averment was also there in the complaint at the time of its filing itself, there is no scope for a substantial change to occur in the complaint in view of the proposed amendment. The court below has rightly allowed the applications. This Court declines to interfere with.
Crl.M.C fails and is dismissed.
Sd/-
MARY JOSEPH JUDGE NAB Crl.M.C.No.6051 of 2022 5 APPENDIX OF CRL.MC 6051/2022 PETITIONER'S ANNEXURES:
ANNEXURE 1 TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE 2ND RESPONDENT DATED NIL.
ANNEXURE 2 TRUE COPY OF THE CRL. M.P. NO. 1762/2022 FILED BY THE 2ND RESPONDENT IN C.C. NO.1032/2018 BEFORE THE HON'BLE JFCM- 1,OTTAPALM, DATED NIL.
ANNEXURE 3 TRUE COPY OF THE CRL. M.P. NO.1763/2022 IN C.C. NO.1032/18, FILED BY THE 2ND RESPONDENT , IN C.C. NO. 1032/2018, BEFORE THE HON'BLE JFCM-1, OTTAPALAM, DATED, NIL.
ANNEXURE 4 TRUE COPY OF THE OBJECTIONS, FILED BY THE PETITIONER IN CRL.M.P.NO.1762/2022, ON THE FILE OF THE HON'BLE JFCM- 1,OTTAPALM, DATED NIL.
ANNEXURE 5 TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER IN CRL.M.P.NO.1763/22 ON THE FILE OF THE HON'BLE JFCM-1, OTTAPALAM DATED NIL.
ANNEXURE 6 COPY OF THE COMMON ORDER PASSED IN CRL.M.P.NO.1762 & 1763/2022 IN C.C. NO.1032/2018 , PASSED BY THE HON'BLE JFCM-1, OTTAPALAM, DATED 04.06.22.
RESPONDENTS' ANNEXURES: NIL TRUE COPY P A TO JUDGE