P.K.Vasu v. K.Janaki
Case brief
What is this about?
In a criminal appeal concerning a cheque dishonour case where the accused raised a new defence of non-issuance during examination, the High Court remitted the matter to the trial court for fresh disposal to permit adducing further evidence regarding the signature.
What did the court decide?
The finding of the court below was set aside and the matter remitted back to be heard afresh after permitting the parties to adduce further evidence.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU
WEDNESDAY, THE 18TH JULY 2007 / 27TH ASHADHA 1929
CRL.A.No. 141 of 1999()
---------------------------CC.1277/1995 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR
APPELLANT: COMPLAINANT
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P.K.VASU, S/O.NARAYANAN NAMBIAR, POYYAYIL KADAYAPROTH HOUSE, KADACHIRA P.O., KANNUR.
BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU
RESPONDENTS: ACCUSED
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Issues for consideration
2 issues framed by the court
Whether the High Court has the jurisdiction to remit a matter without findings of fact when new grounds regarding forgery arise during evidence for the first time.
Whether the acquittal based on the accused's post-examination version warranting a remand for fresh disposal is legally valid.
Parties & counsel
- appellant
P.K. Vasu
- respondent
K. Janaki
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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