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Arjun Singh vs. State of Rajasthan

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Negotiable Instruments Act, 1881–Sec. 138–Code of Criminal Procedure, 1973–Secs. 460 & 465–During the pendency of proceedings u/s. 138, petitioner-complainant filed the application u/s. 460 & 465, Cr.P.C. with the prayer that the son of respondent-accused may be impleaded as the party in the proceedings instead of his father–Dismissal of application–Amendment does not cure a simple infirmity–It would amount to change the nature of the complaint and thereby, it would change an incurable defect–Held, the application was rightly rejected.