Interim Order 1

Order Details: Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44th COURT, ANDHERI, MUMBAI.
C. C. No. 1826/SS/2020
Abhishek Brahma .... Complainant
V/s
Agrante Developers Pvt. Ltd., and Ors., …. Accused
ORDER ON APPLICATION FOR AMENDMENT OF THE COMPLAINT
(Passed on 06/04/2026.)
This is a complaint filed under section 138 of the
Negotiable Instrument Act. During the pendency of the case, the
complainant moved this application for inserting new address of
accused no.1 to 3 in place of the old address as shown in the complaint.
2. Having heard the learned advocates for the complainant, I
perused the record.
3. In this case, the process against all the accused came to be
issued for the offence punishable under section 138 of the Negotiable
Instrument Act. But according to the complainant, the accused persons
do not reside at the address shown in the complaint at this juncture.
Hence, this application has been filed. In the case of S.R. Sukumar Vs
S. Sunaad Raghuram, (Criminal Appeal No.844 of 2015) the Hon’ble
Supreme Court held that the Court may permit an amendment would
be carried out if the amendment sought to be made relates to simply
infirmity, which is curable by means of formal amendment and no
prejudice is likely to be caused to the other side by allowing such an
amendment, notwithstanding the fact that there is no enabling
provision in the Code for entertaining such amendment.
4. As well as in the case of Bansal Milk Chilling Center Vs
Rama Milk Food Pvt. Ltd., and Anr. reported in (2026) SCC 712, the
Hon’ble Apex Court has held that the amendment can be allowed which
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is curable. Keeping in mind this ratio, I turn to determine whether the
application on hand is liable to be allowed or rejected.
5. In fact, after perusal of the schedule for the proposed
amendment, it transpires that the applicant intends to mention the new
address of the accused for further communication. Therefore, in order
to meet the ends of the justice and to serve the process/notice /warrant
in this proceeding, the correct address of the accused is required to be
brought on record. Hence, having regard to the ratio laid down in the
citation
supra and the nature of the case, I am of the opinion that the
proposed amendment relates to simple infirmity which is curable and
no prejudice would be caused to the accused, if this application is
allowed. Resultantly, I pass the following order:
ORDER
The application is allowed as prayed for.
Sd/-
(Sujitkumar C. Tayde)
Judicial Magistrate First Class,
Date :- 06/04/2026 44th Court, Andheri, Mumbai.
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