2016 (1) TMI 1506

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....ndent. ORDER Heard learned counsel for the parties. The applicant has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 challenging the order dated 21-02-2013 passed by learned Additional Chief Judicial Magistrate, Gwalior in Criminal Complaint Case No.6394/2007 whereby name of the applicant was added as an accused in the complaint filed for the offence under S....

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....h application be moved by the respondent and the trial Court shall decide the same according to the provisions of law. After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, an accused can be added in a case when the trial Court has taken cognizance in the case under the provisions of Section 319 of Cr.P.C. However, it i....

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.... trial Court has no power to pass such order as the inherent powers are vested in High Court under Section 482 of Cr.P.C. I am unable to understand under which provision the trial Court has accepted the application. The liberty was given by the Single Bench of this Court that a fresh application be moved for amendment before the trial Court but it was mentioned that the application should be decid....

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....ions, the impugned order passed by the trial Court appears to be perverse and when the complaint was not maintainable against the applicant for the offence under Section 138 of Negotiable Instruments Act, he could not be made an accused in the case. It is a good case in which the inherent power of this Court conferred under Section 482 of Cr.P.C. can be invoked in favour of petitioner. Conseque....