Courts can allow changes in criminal complaints if no prejudice caused: SC
A bench of Justices B V Nagarathna and K V Viswanathan further observed procedural law was meant to aid justice, not hinder it.
The top court's verdict reinforced the principle that procedural technicalities must not override the course of justice and allowed an amendment in a criminal complaint filed under Section 138 of the Negotiable Instruments Act.
When a charge is altered, the court said, if there is no prejudice to the accused, the trial can proceed.
'Further, if it is likely to prejudice, the court may either direct a new trial or adjourn the trial to such a period. Section 217 of the CrPC grants liberty to the prosecutor and the accused to recall witnesses when charges are altered under the conditions prescribed therein. The test of 'prejudice to the accused' is the cardinal factor that needs to be borne in mind," it added.
The court found it appropriate to observe that amendments to complaints were 'not alien" to the Code of Criminal Procedure (CrPC).
'Section 216 of the CrPC deals with the power of court to alter any charge and the concept of prejudice to the accused. No doubt when a charge is altered, what is altered is the legal provision and its application to a certain set of facts. The facts per se may not be altered….," the bench said.
The case at hand stemmed from a complaint that three cheques issued by the respondents, amounting to Rs 14 lakh, dishonoured.
The complaint alleged the cheques were issued for the purchase of 'Desi Ghee (milk products)".
However, the complainant later sought to amend the complaint to correct a purported typographical error stating that the goods sold were actually 'milk." While the trial court allowed the amendment in September 2023, holding no prejudice would be caused as the cross-examination had not yet begun, the Punjab and Haryana High Court reversed its decision.
The high court observed the amendment changed the nature of the complaint and potentially had tax implications under the GST regime.
Setting aside the high court verdict, the top court held the amendment was a 'curable irregularity" and that it did not cause any prejudice to the accused. PTI SJK SJK AMK AMK
(This story has not been edited by News18 staff and is published from a syndicated news agency feed - PTI) view comments
First Published:
July 25, 2025, 20:45 IST
Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hans India
a minute ago
- Hans India
Mithi river desilting case: ED conducts fresh searches in Mumbai
Mumbai: The Enforcement Directorate on Thursday conducted fresh searches in Mumbai as part of a money laundering probe linked to the alleged Rs 65 crore Mithi river desilting scam, official sources said. About eight premises of some contractors, who reportedly submitted 'false' MoUs to the Brihanmumbai Municipal Corporation (BMC) with regard to dumping of silt, are being covered in the city, the sources said. The ED earlier carried out raids in this case, including on the premises of actor Dino Morea, his brother Santino, certain contractors and companies apart from some BMC officials. The ED case stems from an FIR filed by the Economic Offences Wing (EOW) of Mumbai Police in May against 13 people, including contractors and civic officials, for an alleged Rs 65.54 crore scam in the tenders awarded from 2017-2023 for the desilting of Mithi river, which flows through Mumbai and acts as a stormwater drainage channel for the metro city. The Uddhav Thackeray-led undivided Shiv Sena controlled the cash-rich BMC from 1997 till the party's split in 2022. After the expiry of the general body in 2022, the civic body was controlled by the Maharashtra government, which was then headed by Eknath Shinde. Police alleged in their complaint that BMC officials tailored the tender for the desilting contract in such a way that it benefited a particular supplier of machinery, and the contractors reportedly generated fraudulent bills for transporting the sludge out of Mumbai. The EOW and ED earlier questioned Morea and his brother, apart from some others. Mumbai civic authorities planned the desilting of the river following the 2005 floods, which brought the city to a grinding halt.
NDTV
a minute ago
- NDTV
Ex-YSRCP Minister Bought Gold Using Money From Liquor Scam: Nara Lokesh
Andhra Pradesh IT Minister Nara Lokesh on Thursday levelled serious allegations against former minister Peddireddy Ramachandra Reddy, alleging that gold worth ₹400 crore was purchased with money acquired through the state's multi-crore liquor scam by a firm linked to the latter. Mr Lokesh alleged that funds from Adan Distilleries were funnelled into a construction company owned by Mr Peddireddi called PLR Constructions. "Why would a liquor company buy Rs 400 crore worth of gold? Does it make any sense? Is that a raw material?" Mr Lokesh said at a press conference. The allegations come amidst an ongoing investigation by a Special Investigation Team (SIT) into the alleged Andhra Pradesh liquor scam, which reportedly occurred during the previous YSRCP government's tenure (2019-2024). The SIT has been conducting raids and has already seized significant amounts of cash, including ₹11 crore from a farmhouse in Hyderabad, believed to be linked to the scam. The probe suggests that distilleries paid large kickbacks for preferential treatment and contracts, causing substantial losses to the state. The investigation is also looking into a complex network of transactions through shell companies, with the alleged kickbacks amounting to thousands of crores. During the conference, Mr Lokesh "dared" Mr Reddy to deny the allegations. "Money came to Mr Peddireddi's company from Adan Distilleries. I am challenging Peddireddi Ramachandra Reddy. If he has the guts, let Peddireddi deny it," he said. The accusations are the latest in a series of exchanges between the two political leaders. The current government has been vocal about its intentions to hold the previous administration accountable for alleged corruption, and the SIT's investigation into the liquor scam is a key part of this effort. There was no immediate reaction from Mr Reddy on the allegations but earlier, he had dismissed Mr Lokesh's claims, calling them "foolish". The political fallout from these new claims is expected to escalate as the investigation continues.
Indian Express
a minute ago
- Indian Express
Bollywood director was targeted by gangsters, received training from CID, had to quit films and flee the country to protect himself
Director Rajiv Rai, known for his 1997 film Gupt starring Kajol and Bobby Deol, and Mohra starring Akshay Kumar and Raveena Tandon, faced several threats from gangsters and even an attack at his office when Bollywood was facing a lot of heat from the underworld. He relocated to the UK and has now returned to India. In a recent interview with Siddharth Kannan, the director recalled the horrific time in the 90s. He also revealed that the police had asked him to not engage with the underworld calls. They also advised Rai to take training from the CID for precautionary purposes. During the conversation, Rajiv shared, 'The problem happened after Gupt. After that one, I gave two films that weren't upto the mark. So, that was also very troubling for me. I got a call on my landline the next day. Nobody asked for money. I didn't say anything, I never came on call, we never talked. I right away called the police and they asked me to not talk.' He added, 'We had recorders in the office, everything was recorded and sent to the police. I must have said hello on the first call, main samajh gaya yeh galat hai. I spoke for four seconds, then I pretended that I am someone else. I feel that the number of calls I used to get at that time, maksad toh paisa hi hoga (they must want money).' Recalling the attempt of attack at his office in 1997, he was relieved that his bodyguards protected him that day. 'Mere upar attack hua, maine kaam chorra tha (I was attacked after I left work). It happened in my office, I don't talk about it much. They came with guns and bullets. Agar mere aage aate toh main abhi hota hi nahi. I was inside, but my bodyguards were there. Vo bhaage toh darr gaye. It's complicated, chaar neeche, chaar upar, inka mission confusion mein hi kharaab hojaata hai (Lack of planning and confusion spoiled their mission). 90% of the time, the police used to tell me that they misfire professionally,' he said. ALSO READ | Chunky Panday lost Tridev as he haggled over Rs 1-2 lakh, recalls director Rajiv Rai: 'He is a kanjoos, keeps one cigarette so no one borrows it' When asked if he fled the country because of the threats, he answered, 'I went because there was a lot of pressure. My father was very unwell, I had to take care of him. I couldn't afford to die. I thought that agar mujhe goli lagg gayi, toh kaun dhyaan rakhega (My father was unwell, who would have taken care of him)? My son wasn't well, he was autistic and I had to educate him. There were so many threats. So, I had multiple reasons. I thought that I should call it a day, God has given me a little bit of money.' Moreover, the director revealed that he went on to make more money after moving away. 'And, when I didn't work for 20 years, I actually made money through my old films. I made more money, jitna maine unn dino mein nahi banaaya jab main kaam karaha tha (I made less money when I was working). Legally fight has to be you come to my office, we don't even have Rs 5K in cash. Rakhte hi nahi the log.' After receiving the threatening calls, the police advised him to undergo training from the Crime Investigation Department. 'I used to keep visiting after every three months to check on my father. I went to several countries, mujhe police ne bola tha kabhi bolna nahi (police advised that I should never reveal this). When this attack happened, I had to take training,' Rajiv shared. 'So, I used to go to CID for training. Jab phone aaye toh mujhe bola gaya ki training lo. They used to teach kaise gaadi badalni hai, always look over your kuch (When I got the threatening call, I was asked to train. They taught me how to change the car, look over my shoulder… a lot). I had a police permission to cut the red lights, because at that time, they can shoot you when your car stops,' he concluded.
