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2013 (2) TMI 572 - HC - Companies LawThe complaint was filed against four persons, namely, against the company, its chairman, managing director and another director The complainant filed a petition for amendment to introduce a plea to the effect that accused Nos. 2 to 4 were/are persons in charge of and responsible for the conduct of the business of the company Two cheques in question were signed by the chairman and managing director of the company - Accused Nos. 2 and 3 are not now available, the revision petitioner wanted to rope in the fourth accused and it is for that purpose now the petitioner has come forward with this amendment Held that:- there is no specific averment to the effect that the fourth accused was in charge of and responsible to the company for the conduct of its business. The two cheques in question were signed by the chairman and managing director of the company. The first accused is the company itself No conviction can be had against the fourth accused in view of the conspicuous absence of the pleadings required under section 141 of the Act. Even under the provisions of the CPC if there is an admission, it cannot be taken away by the amendment though it may be possible to be clarified by way of amendment, learned counsel for respondent submits. Here, since the particulars required under section 141 of the Act were not incorporated in the complaint, the accused would be entitled to get an order of acquittal. That position cannot be altered by causing amendment to introduce a new plea which was originally not there. It cannot be treated as a correction or a clerical mistake or any such defect that can be cured. The amendment would go to the core of the matter placing the fourth accused in a disadvantageous position which will cause serious prejudice to him. It is a criminal case where the fourth accused can be sentenced to imprisonment also if found guilty Amendment will cause substantial change in the nature and character of the case causing serious prejudice to the fourth accused. That has got fundamental impact on the defence that can be raised by the fourth accused Hence such an amendment cannot be permitted at all This Criminal M.C. is dismissed.
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