Appeal against acquittal in cheque dishonour case where accused acquitted despite complainant's absence due to illness; High Court set aside acquittal and remanded for merits.
Acquittal set aside; lower court directed to dispose case on merits and issue summons to accused by 10-8-2007.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU
THURSDAY, THE 12TH JULY 2007 / 21ST ASHADHA 1929
CRL.A.No. 110 of 2001(B)
----------------------CC.579/1997 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE
APPELLANT/COMPLAINANT:
---------------------------------------M.SHIBULAL, S/O. UNNEERI, MOOTHAT HOUSE,VENGERI AMSOM OF KOZHIKODE TALUK.
BY ADV. SRI.SUNNY MATHEW
RESPONDENTS/ ACCUSED & STATE:
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.R. UDAYABHANU, J.
CRL.A.NO.110 of 2001-B
DATED THIS THE 12th July 2007
JUDGMENT
The appellant is the complainant in C.C.No. 579/1997 in the file of the Judicial Magistrate of First Class-I, Kozhikode with respect to 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 the case of the appellant that on the particular day, he happened to be absent as he was laid up.
In the circumstances, the order of the court below 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 10-8-2007. The court below shall issue summons to the accused/respondent. The appeal is allowed.
K.R. UDAYABHANU, JUDGE
ks.
CRA
2
K.R. UDAYABHANU,J.
===================
CRL.A.NO.110 of 2001-B
JUDGMENT
12-7-2007
====================
3 issues framed by the court
Whether the acquittal of accused under Section 256(1) Cr.P.C. should be set aside to allow the complainant to pursue the matter on merits.
Whether the complaint was properly allowed by the lower court despite the complainant's absence.
Whether direction to lower court to reissue summons to accused was appropriate in appeal.
2 provisions across 2 enactments
M.SHIBULAL
K.M.SHANKARAN NAMBIAR
STATE OF KERALA
K.R.UDAYABHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
