C.K.Sudha v. v.K.Gopalakrishnan
Case brief
What is this about?
Held that the acquittal in a cheque bounce case, void due to clerical error in noting the posting date, must be set aside. The lower court directed to retry the matter on merits.
What did the court decide?
Acquittal set aside; directed lower court to permit prosecution to pursue case on merits and issue fresh summons.
What the court decided
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. 275 of 2002()
CC.383/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM
APPELLANT: COMPLAINANT
C.K.SUDHA,W/O.ASOKAN A.N.,ALACKAL HOUSE, THUTHIYOOR,ERNAKULAM DISTRICT
BY ADV. SRI.B.RAMACHANDRAN
RESPONDENTS: ACCUSED AND STATE
Issues for consideration
1 issue framed by the court
Whether the acquittal occasioned by wrong noting of the posting date should be set aside to permit fresh trial on merits?
Parties & counsel
- appellant
C.K.SUDHA
- respondent
V.K.GOPALKRISHNAN
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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