Janardhan Ramdhan Rathod vs Raju Bapu Shinde
2024 Latest Caselaw 22113 Bom

Bombay High Court

Janardhan Ramdhan Rathod vs Raju Bapu Shinde on 1 August, 2024

2024:BHC-AUG:16841
                                                1                     957-CrWP-410-24.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD


                            CRIMINAL WRIT PETITION NO. 410 OF 2024

                                JANARDHAN RAMDHAN RATHOD
                                             VERSUS
                                       RAJU BAPU SHINDE
                                                ...
                     Advocate for the Petitioner : Mr. Suraj Bagal holding for
                                                    Mr. Bharat N. Gadegaonkar
                                                ...

                                                     CORAM : S. G. MEHARE, J.

                                                     DATE    : 01-08-2024
                PER COURT :-

1. Heard the learned counsel for the petitioner/accused.

2. The petitioner has challenged the order of the learned

Judicial Magistrate First Class, Ambad, passed below application

Exhibit-27 in S.C.C.No.20/2020 dated 16.06.2022 allowing the

amendment/correction in complaint and the judgment and order of

the learned Additional Sessions Judge, Ambad, passed in Criminal

Revision Application No.12 of 2023 dated 01.01.2024.

3. Learned counsel for the petitioner submits that the

respondent/complainant led evidence and mentioned the cheque

numbers. However, there was variance in the cheque number

mentioned in the complaint and verification statement. Thereafter,

the application for correcting cheque number was filed. Learned

Trial Court allowed the application. Against the said order, the 2 957-CrWP-410-24.odt

revision was preferred before the Sessions Court. The learned

Sessions Court dismissed the revision. Against the said order, the

petitioner is before the Court.

4. Learned counsel for the petitioner submits that the trial is

yet not concluded. Whether the Court has jurisdiction to allow the

application for correcting the cheque number is legal or proper,

may be pointed out in the Court on merit. The petitioner has

already raised objection in that matter. Though the application

raising objection is rejected, his right to point out illegality to the

Court on merit is not taken away. The trial is yet to conclude.

5. In view of that matter, the Court is of the view that the

petitioner's right has not been seriously affected. He may point

out illegality to the trial Court on merit. At this juncture, there is

no substance in the petition. Hence, the writ petition stands

dismissed in limine.

( S. G. MEHARE ) JUDGE

rrd