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N.KUNHALI, S/O. ABOOBACKER versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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N.KUNHALI, S/O. ABOOBACKER v. STATE OF KERALA, REPRESENTED BY - Crl MC No. 44 of 2007 [2007] RD-KL 386 (5 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 44 of 2007()

1. N.KUNHALI, S/O. ABOOBACKER,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. BALAKRISHNAN,

For Petitioner :SRI.SANTHEEP ANKARATH

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :05/01/2007

O R D E R

R.BASANT, J

Crl.M.C.No.44 of 2007

Dated this the 5th day of January, 2007

ORDER

The petitioner is the complainant in a prosecution under Section 138 of the N.I Act. According to him, an error had crept into the complaint. He filed an application for amendment of the complaint. The learned Magistrate dismissed that application. But the learned Magistrate cautiously observed that if the petitioner wants to clarify the mistake, he can do that at the time of evidence. In the light of that very specific statement which appears in the impugned order, I am satisfied, that it is not, at any rate, a fit case where this Court should invoke its powers under Section 482 Cr.P.C to interfere with the impugned order.

2. This Crl.M.C is, in these circumstances, dismissed. I may reiterate that the petitioner's liberty/option to explain the alleged mistake in the complaint in the course of evidence shall remain.

(R.BASANT, JUDGE)

rtr/- 2


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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