B. Siraj v. T.J. Chacko
Case brief
What is this about?
The High Court allowed the complainant's recall petition against the acquittal of the accused under Section 138 NI Act. The court set aside the acquittal, directed the lower court to issue fresh summons, and to proceed with the matter on merits.
What did the court decide?
The order of acquittal was set aside; fresh summons to be issued; case to be disposed of on merits.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU
WEDNESDAY, THE 25TH JULY 2007 / 3RD SRAVANA 1929
CRL.A.No. 124 of 2002() ----------------------CC.614/1998 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM ....................
APPELLANT: COMPLAINANT
B.SIRAJ,PULIMOOTTIL,PARK LANE, KOTTAYAM.
BY ADV. SRI.MOHAN JACOB GEORGE
RESPONDENTS: ACCUSED
T.J.CHACKO,PEON,SURVEY RANGE OFFICE, KOTTAYAM SOUTH,KOTTAYAM-1.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI.
Issues for consideration
2 issues framed by the court
Whether to set aside the acquittal of the accused who was absent due to wrong noting of posting and dispose of the case on merits.
Whether fresh summons ought to be issued to the accused after the setting aside of the acquittal.
Parties & counsel
- respondent
B. Siraj
- respondent
T.J. Chacko
- appellant
Complainant
Coram
Case details
As recorded by the court registry
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