Amendment of Complaint

adv. rajeev ( rajoo ) (Querist) 17 July 2010 This query is : Resolved
Learned Members,
My collegue has filed a private complaint u/s 138of NI Act.
In the complaint due to oversight father name of the accused shown as X instead of Y. This fact only came to know at the time of cross examining the complaint. As such now my collegue wants to amend the complaint. Whether can be done? if any ruling please mail me.

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S. Bharath (Expert) 17 July 2010
No way to amend the complaint, but is this particular fact giving any trouble? So long as the identity of the accused is not denied or the accused takes a plea based on this, the mistake may not materially affect the merits of the complaint.

G. ARAVINTHAN (Expert) 18 July 2010
No amendment can be made in criminal complaint.

the father's name change not correctly mentioned in the complaint have no cause of action and the same will not do any fatal to the complaint.

adv. rajeev ( rajoo ) (Querist) 19 July 2010
Thanks to you both.

Guest (Expert) 19 July 2010
YOU MAY TAKE DEFENCE THAT THE ACCUSED HAS TENDENCY TO CHANGE THE NAME.AND HENCE COMPLAINT WAS FILED ON THE BASIS OF LAST KNOWN NAME AND ADDRESS OF ACCUSED.AND YOU MAY SUBMIT THAT ACCUSED MR---- ALIAS ------.
AS ACCUSED IS ALREADY APPEARING IN THE CASE IN CASE OF ANY OBJECTION YOU MAY CLEAR IT ACCORDINGLY.YOU MAY APPLY FOR REEXAMINATION OF COMPLAINENT AND THEN HE CAN MAKE SUBMISSISSIONS ACCORDINGLY.
GOOD LUCK.

KINDLY NOTE THAT IN MOST OF THE CRIMINAL CASE ACCUSED DO NOT DISCLOSE THEIR REAL NAMES AND ADDRESSES TO THE POLICE HENCE IT IS A PRACTICE THAT POLICE WRITE NAMES LIKE.ACCUSED ------ ALIAS --------.
AND STILL EVEN IN DIST AND SESSIONS COURTS TRIALS ARE CONDUCTED AND ACCUSED ARE PUNISHED PLEASE NOTE.

KINDLY NOTE THAT YOU HAVE TO BE STREET SMART AND SHOULD TAKE QUICK DECISIONS AT THE TIME OF EXAMINATION OF WITNESSES AND CROSS EXAMINATION.
GOOD LUCK.