S. Maniyan v. B. Aji
Case brief
What is this about?
The accused was acquitted of a cheque dishonour case primarily due to the complainant's absence. The High Court allowed the criminal appeal, setting aside the acquittal and remanding the matter for disposal on merits, ordering the lower court to record the complaint's evidence.
What did the court decide?
The acquittal is set aside. The trial court is directed to permit the appellant to pursue the matter and dispose of the case on merits. Parties must appear on 08-08-2007.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU
FRIDAY, THE 6TH JULY 2007 / 15TH ASHADHA 1929
CRL.A.No. 199 of 2000()
----------------------CC.1/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, TRIVANDRUM DT.20.11.99.
APPELLANT:
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S.MANIYAN, S/O.SREEDHARAN, KURUP NIVAS, T.C.47/1822, POONTHURA P.O., THIRUVANANTHAPURAM
BY ADV. SRI.S.RAJEEV
RESPONDENTS:
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Issues for consideration
2 issues framed by the court
Whether the acquittal of the accused in a Section 138 NI Act case should be set aside when the complainant was absent due to illness.
Whether to remand the matter to the lower court for disposal on merits by recording evidence from the complainant.
Parties & counsel
- appellant
S MANIYAN
- respondent
B AJI
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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