The High Court of Kerala allowed an appeal where the accused was acquitted in a cheque dishonour case due to the complainant's absence stemming from a wrong date noting. The order was set aside, and the case remanded for disposal on merits with fresh summons issued.
The order of acquittal is set aside; the case remanded for disposal on merits with fresh summons.
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
WEDNESDAY, THE 11TH JULY 2007 / 20TH ASHADHA 1929
CRL.A.No. 1144 of 2001()
-----------------------------CC.408/2000 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR DT.4.10.2001.
APPELLANT: COMPLAINANT
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V.P.BABU, MANAGING PARTNER, M/S. HEPTA DISTRIBUTORS, RAYONPURAM P.O.
BY ADV. SRI.T.P.VARGHESE SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SRI.N.SASI
RESPONDENTS: STATE AND ACCUSED
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1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM.
2. MADHU, S/O. GANGADHARAN, PROPRIETOR, M/S. MADAPARAMBIL FURNITURE, KAYAMKULAM ROAD, THIRUVALLA.
BY PUBLIC PROSECUTOR SRI.DILIP S.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.R.UDAYABHANU, J
Crl.A.No.1144 of 2001
--------------------------------------------Dated this the 11th day of July, 2007
JUDGMENT
The appellant is the complainant who had initiated proceedings under Section 138 of the Negotiable Instruments Act. The accused stands acquitted under Section 256(1) of Crl.P.C. as the complainant was absent.
The appeal is allowed.
K.R.UDAYABHANU, JUDGE
csl
1 issue framed by the court
Whether an appeal in a cheque dishonour case should be allowed where the accused was acquitted due to the complainant's absence caused by a clerical error in noting the posting date.
2 provisions across 2 enactments
V.P.BABU
STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR
MADHU
K.R.UDAYABHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
