Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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amendment of complaint

(Querist) 08 August 2009 This query is : Resolved 
complainant filed complaint u/s 138 of n.i.act.but he wants amend complaint for cure major defects.Is complaint be allowed amend his complaint.
Deekshitulu.V.S.R (Expert) 08 August 2009
Complaint ones filed cannot be amended. There is no provision like Or 6 in C.P.C. That too you are trying to fill in lacunas. This will not be allowed in such cases.
Sarvesh Kumar Sharma Advocate (Expert) 08 August 2009
complinant can say about that difectson the time when his statement recorded by the court.
Advocate SK Rohilla New Delhi (Expert) 08 August 2009
No, amendment to cure defect and lacuna cannot be allowed.
However, the court may allow if court is satisfied that inspite of all due diligence and care that defect could not have prevented.
Raj solanki (Expert) 08 August 2009
no criminal complaint can be amended but with the permission of the court at the time of recording of complainant evidence.
SANJAY DIXIT (Expert) 08 August 2009
If there is typological mistake court may allow to correct it. Amendment is not allowed in complaint or criminal cases.
Somnath mukherjee (Expert) 08 August 2009
the above view is correct.
charudureja (Expert) 08 August 2009
I agree with MR. Dixit
Jithendra.H.J (Expert) 08 August 2009
Memoranum of complaint can be amended with the permission of the court but the court may not, if it is to fill up the lacuna
ANTHONY REDDY (Expert) 09 August 2009
No such provision in Cr.P.C or in N.I Act, you can not amend the complaint once it is filed and numbered i.e. cognizence is taken.


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