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Amended copy in court with amendment application without order
01-Sep-2024 (In Criminal Law)
Hello friends,
Yesterday, in one of my cases in Mumbai, I filed an application seeking leave to amend the criminal complaint.
Judge asked me to submit the amended copy of complaint with amendment application. I filed the copy assuming he will pass order, but didn't.
However, on the amended copy i filed, i have mentioned (typed) that "amended on 31.08.24 as per order dated 31.08.24".
Now since amendment was not allowed yesterday on 31.08.24,
Can there be any consequences?
What can I do?
Well, the concerned Hon'ble Judge merely stated that in order to get the desired relief, you would have to file an Application for amending the Criminal Complaint, he never told you, that, he would accept such amendment directly without going through the merits of that Application, you presumed otherwise.
Helpful?
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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The amendment procedure involves filing an application with draft amendments and posting for hearing. After hearing arguments, the judge issues an order approving or rejecting the application. Since you typed incorrectly in the draft amendments, inform the court and provide a fresh draft amended complaint on the next date. The judge may allow you to replace the document or tell you to withdraw the application and file again. Though the error is minor and likely inconsequential if corrected promptly, failing to rectify it may lead to allegations of misrepresentation and contempt of court, resulting in potential punishment.
Helpful?
Adv. Sanket Singh
Mumbai | 25+ Answers
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