1 WP.1762-2010.sxw acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITIOIN NO. 1762 OF 2010 Dr. Suresh Chunnilalji Gupta ..Petitioner Vs. Mr. Anil Chunnilal Agarwal & Anr.. ..Respondents. ----- None for the Petitioner. Mr. Abhijit Desai, for Respondent No.1. Ms. U.V. Kejriwal, A.P.P. for the State. ---- CORAM: M.L. TAHALIYANI, J. DATE : NOVEMBER 28, 2011. P.C.: 1. Heard Mr. Desai, learned counsel for respondent no.1. Ms. Kejriwal, learned A.P.P. for the State-respondent no2. None has appeared for the Petitioner. 2. Perused the impugned order. As far as the first order dated 9.3.2010 is concerned, I do not find any infirmity in the said order as there is no provision in the Code of Criminal Procedure for amendment of the 2 WP.1762-2010.sxw complaint. If at all there is any error in mentioning of the names of parties etc., the same can be corrected with the permission of the court. 3. In the present case, there was an error in the complaint as regards the date of the alleged dishonour of the cheque. The erroneous date goes to the root of the case. Since an application for amendment was not allowed, the petitioner/original complainant filed an application for recalling the witness to bring on record the evidence to show that the date of dishonour of cheque was 30.3.2004 and not 29.4.2004. The copy of memo issued by the bank intimating dishonour of cheque prima facie, shows that the cheque was dishonoured on 30.3.2004 and not 29.4.2004. In the circumstances, the learned Trial Court should have granted permission to recall the witness as prayed in the application dated 1.2.2010 in Criminal Case No.464/2004 pending in J.M.F.C. Court No.1, Pune. 4. Hence, I pass the following order: Criminal Writ Petition No. 1762 of 2010 is partly allowed. The learned J.M.F.C, Court No.1, Pune is directed to permit the petitioner/original complainant to recall the witness as prayed in the said application. 3 WP.1762-2010.sxw 5. Criminal Writ Petition No.1762 of 2010 is accordingly disposed of. (M.L. TAHALIYANI, J.)