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TMI Blog2020 (9) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... . Petition dismissed. - MCRC-4011-2019 - - - Dated:- 8-1-2020 - RAJENDRA KUMAR SRIVASTAVA , J . Shri N. S. Chouhan , Advocate for the petitioner Shri Prakash Upadhyay , Advocate for the respondent ORDER Petitioner-accused has filed this M.Cr.C. under Section 482 Cr.P.C. to set-aside the order dated 17.09.2018 passed by learned 1st Addl. Sessions Judge, Sidhi in criminal revision No. 161/2017 whereby learned Addl. Sessions Judge, Sidhi allowed the revision presented by respondent/complainant against the order dated 05.08.2017 passed by JMFC in which JMFC dismissed the application presented by respondent/complainant under Section 6 Rule 17 CPC in Cr. Case No. 1669/208 under Section 138 of N.I. Act. Case of the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence, only on this ground, the order passed by learned revisional court may be dismissed. The learned trial court below has lost its sight to appreciate the facts of the case that after the rejection of the application under Order 6 Rule 17 of CPC, respondent has only remedy to challenge the same before the Hon'ble Court under Article 227 of Constitution of India, but she filed criminal revision, which is not sustainable/maintainable in the eye of law, but without considering the same, learned revisional court allowed the application of the respondent and permitted to incorporate amendment in the memo of complaint which is against the provision of Negotiable Instruments Act. He further submits that the learned court below lost sight to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revision petition should have been raised before the court which invoked such a revisional jurisdiction. Inasmuch as the same was not done, we leave that question undecided now. Therefore, petitioner-accused cannot raise such type of objection before this court. It is also evident that proceedings under Section 138 of N.I. Act is at initial stage so, respondent/complainant filed a petition for amendment and that petition can be allowed for complete justice. In this regard in the case of Pandit Gorelal Vs. Rahul Panjabi 2010(2) M.P.L.J 11, it is held as under:- 9. For this contention, reliance is placed on a decision in the matter of State of M.P. Vs. Awadh Kishore Gupta, 2004(2) JLJ 234, wherein Hon'ble the Apex Court has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held as under:- With the view to provide full and effective opportunity to the parties, application requesting for the amendment in the complaint should be allowed. Since Truck was purchased on hire purchase and petitioner is under the obligation to owe the responsibility of payment through cheque signed and issued by him in that regard. In addition to this, the case is at initial stage, so petitioner-accused has ample opportunity to put up his defence before the learned trial court. Every case must be decided on merit. Therefore, after considering the statements of the parties and on perusal of material available in the case, this Court has not found any illegality or perversity in the impugned order passed by learned trial Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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