Allowed

Varghese Tharakan v. Sadanandan

Kerala HC2 Jul 2007CRL.A/1009/2001

Case brief

AI extract

What is this about?

Criminal appeal against an acquittal in a cheque dishonour case. The High Court held that the acquittal resulted from a clerical error regarding the posting date. The appeal was allowed, and the acquittal order was set aside, directing the lower court to issue fresh summons and dispose of the case on merits.

What did the court decide?

The order of acquittal was set aside; the appellant is permitted to pursue the matter; the case is to be disposed of on merits.

Varghese Tharakan Vs Sadanandan — Cheque Dishonour | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU

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MONDAY, THE 2ND JULY 2007 / 11TH ASHADHA 1929

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CRL.A.No. 1009 of 2001(C)

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------------------------CC.978/1998 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM CRL.M.C. NO.253/2001 DATED 23/1/2001

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APPELLANT:

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----------VARGHESE THARAKAN, THARAKAN HOUSE, PALLOM P.O., KOTTAYAM

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BY ADV. SRI.ANTONY C. ETTUKETTIL

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RESPONDENTS:

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P.K.SADANANDAN, SECRETARY, CENTRAL KERALA GENERAL MARKETING & PROCESSING CO-OPERATIVE SOCIETY LTD. NO.898, PUTHENPARAMBIL HOUSE, NATTAKOM P.O., KOTTAYAM

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P.N.SOMASUNDARAM, TREASURER, - DOPUTHENPARAMBIL HOUSE, NATTAKOM P.O., KOTTAYAM

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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BY PUBLIC PROSECUTOR, SRI C.K.SURESH

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.R.UDAYABHANU, J.

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.A.No.1009 of 2001(D)

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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Dated this the 2^nd day of July, 2007

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J U D G M E N T

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The appellant is the complainant in C.C.No.978/1998 the file of the Judicial Magistrate of First Class Court-III, Kottayam, the proceedings initiated under Section 138 of the Negotiable Instruments Act. The accused was acquitted under Section 256(1) of the Code of Criminal Procedure. It is submitted that the lapse was occasioned on account of the wrong noting of the posting date.

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In the circumstances, the order of acquittal is set aside. The court below is directed to permit the appellant/complainant to further pursue the matter and dispose of the case on merits. The appellant shall appear before the court below on 31-7-2007. The court below shall issue fresh summons to the accused.

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The appeal is allowed.

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K.R.UDAYABHANU, Judge

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K.R.UDAYABHANU, J.

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.A.No.1009 of 2001

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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J U D G M E N T

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2^nd July, 2007

Varghese Tharakan v. Sadanandan

Case brief

What is this about?

What did the court decide?

Varghese Tharakan v. Sadanandan

Case brief

What is this about?

What did the court decide?

What the court decided

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