The Supreme Court on Friday said that the courts can allow amendment in criminal complaints, provided these changes do not cause any prejudice to the accused in the trial.
Justice B. V. Nagratna and Justice K. The bench of V. Vishwanathan further said that procedural law is to help in justice, not to obstruct it. The apex court verdict confirmed the principle that technical talks related to process should not dominate the path of justice and allowed amendment to a amendment in criminal complaints filed under Section 138 of the Negotiable Instrument Act.
The apex court said that when the charge is changed and if there is no prejudice towards the accused, the case may proceed. The court said, “If there is a possibility of prejudice, the court can either direct the new case or postpone the trial for that period.”
Section 217 of the Criminal Procedure Code gives the prosecutor and accused the freedom to recall the witnesses under the conditions prescribed in the charges.