In an appeal against acquittal under the Negotiable Instruments Act, the High Court of Kerala held that the acquittal was a result of an erroneous notation of the posting date.
The appellate court set aside the order of acquittal and remanded the case to the court below for disposal on merits.
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
MONDAY, THE 23RD JULY 2007 / 1ST SRAVANA 1929
CRL.A.No. 271 of 2002()
CC.301/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR
APPELLANT: COMPLAINANT
M.H.MEERA SAHIB,MAULAVI MANZHIL, KOLLAKADAVU,CHERUVALLUR.
BY ADV. SRI.A.SHAFEEK
RESPONDENTS: ACCUSED AND STATE
BY PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.R.UDAYABHANU, J.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 23rd day of July, 2007
J U D G M E N T
The appellant is the complainant in C.C.No.301/1999 in the file of the Judicial Magistrate of the First Class-I, Chengannur, 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 submitted that the lapse was occasioned on account of the wrong noting of the posting date.
In the circumstances, the order of acquittal 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 14/08/2007. The court below shall issue fresh summons to the accused.
The appeal is allowed.
K.R.UDAYABHANU, Judge
ms
K.R.UDAYABHANU, J.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
J U D G M E N T
23rd July, 2007
1 issue framed by the court
Whether the acquittal of the accused was occasioned by a wrong noting of the posting date and valid?
2 provisions across 2 enactments
M.H.Meera Sahib
T.K.Surendran Nair
State of Kerala
K.R.Udayabhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
