Dr. Binaya Kumar vs Abhijit Mohanty
2023 Latest Caselaw 2770 Ori

Citation : 2023 Latest Caselaw 2770 Ori
Judgement Date : 4 April, 2023

Orissa High Court

Dr. Binaya Kumar vs Abhijit Mohanty on 4 April, 2023

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLMC No. 1168 of 2019



            Dr. Binaya Kumar                          ....             Petitioner
                                                Mr. S.D. Das, Senior Advocate
                                          -versus-
            Abhijit Mohanty                           ....       Opposite Party
                                                                          None

            CORAM:
            THE CHIEF JUSTICE
                                          ORDER

Order No. 04.04.2023

04. 1. The challenge in the present petition is to a judgment dated 10th May, 2018 passed by the learned Sessions Judge, Dhenkanal dismissing Criminal Revision No.5 of 2018 filed by the present Petitioner against an order dated 6th February, 2018 passed by the JMFC, Dhenkanal in ICC Case No.27 of 2017 declining to permit an amendment to the criminal complaint under Section 138 of the Negotiable Instrument Act.

2. The amendment was sought on the basis that in the criminal complainant, the Petitioner inadvertently mentioned that the cheque had been presented for encashment on 30th September, 2016 when in fact was presented on 8th December, 2016. This was sought to be projected as a mere typographical error.

3. The fact remains that after the affidavit had been filed by the complainant and when he was being cross examined by the learned

counsel for the accused. This basic defect was pointed out and thereafter the application was filed.

4. As rightly noticed by the learned Sessions Judge allowing the amendment at the stage at which it was sought would in fact cause serious prejudice to the accused. The Court is, therefore, unable to find any error having been committed either by the J.M.F.C., Dhenkanal or by the learned Sessions Judge, Dhenkanal in rejecting the plea of the Petitioner.

5. The CRLMC is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice

S.K. Jena/Secy.