Sri Abdul Hameed v. Sri Mohammad Asif
Case brief
What is this about?
The High Court allowed the appellant's appeal against acquittal under Section 138 NI Act, setting aside the order dismissed the charge against the accused. The accused was absent during trials. The trial court's acquittal was set aside due to procedural violations including failure to properly question the accused and recording evidence without proper cross-examination.
What did the court decide?
Acquittal set aside. Matter remitted to Trial Court for proper Trial including cross-examination, additional evidence, and Statement under Section 313 CrPC.
What the court decided
- 1 - NC: 2023:KHC:44662 CRL.A No. 564 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 564 OF 2014 (A)
BETWEEN:
SRI ABDUL HAMEED, S/O ABDUL RAHIMAN, AGED ABOUT 47 YEARS, R/AT BOLAR, MANGALORE-575 001.
…APPELLANT
(BY SRI RANJITH K S, ADVOCATE)
AND:
Digitally signed by SANDHYA S Location: High Court of Karnataka
SRI MOHAMMAD ASIF, S/O HASAN BAVA, AGED ABOUT 40 YEARS, R/AT NAZ MANZIL, NOORANI, YATHI KHANA, KUMPALA BYPASS, KUMPALA, MANGALORE. OFFICE AT SHOP NO.104, M.M.K SHOP, CENTRAL MARKET, MANGALORE - 575 001.
Issues for consideration
3 issues framed by the court
Whether the acquittal order violates provisions of Section 138 of the Negotiable Instruments Act due to procedural lapses in challenge and cross-examination?
Whether recording evidence in the absence of the accused and without proper questioning under Section 313 CrPC violates Article 21 and Section 273 CrPC?
Whether the appeal should be allowed to remand the matter to the trial court for a fair trial?
Parties & counsel
- appellant
ABDUL HAMEED
- respondent
MOHAMMAD ASIF
Coram
G BASAVARAJA
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- CRL.A/564/2014
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