In a criminal appeal under Section 138 NI Act, the High Court set aside the lower court's acquittal on merits due to administrative lapses and directed remand for fresh proceedings.
The order of acquittal set aside; case remanded to the Magistrate to dispose on merits with fresh summons.
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
THURSDAY, THE 2ND AUGUST 2007 / 11TH SRAVANA 1929
CRL.A.No. 422 of 2001()
----------------------CC.1599/1999 of CHIEF JUDL.MAGISTRATE, ERNAKULAM
APPELLANT IN CRL.APPEAL (PETITIONER IN CRL.MC.) ----------------- COMPLAINANT IN C.C.
M/S.CHANDRUS PAPER MART, PRESS CLUB ROAD, ERNAKULAM, REP.BY ITS PARTNER T.D.JOH, THAYANKARY HOUSE, KUMBALAM, KOCHI 682 506.
BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM)
RESPONDENTS: IN CRL.APPEAL (RESPONDENTS IN CRL.MC.) ------------------- ACCUSED 1 TO 3 & STATE
1. M/S.MLTLEY PACK, MANUFACTURER OF MULTICOLOUR- WINDOW PLAIN, WARED/ LAMINATED DUPLEX CARTONS, DOOR NO.7/412, MARAKKADAVU KOCHI- 682 002, REP.BY MINI, MANAGING PARTNER, M/S.MOTLEY PACK, DOOR NO.7/412, MARAKKADAVU KOCHI 2.
2. MINI , MANAGING PARTNER, M/S. MOTLEY PACK, DOOR NO.7/412, MARAKKADAVU, KOCHI 682 002.
3. RAFEEQUE, PARTNER, M.S. MOTLEY PACK, DOOR NO.7/412, MARAKKADAVU, KOCHI 682 002.
4. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.R.UDAYABHANU, J.
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Dated this the 2nd day of August, 2007
J U D G M E N T
The appellant is the complainant in C.C.No.1599/1999 in the file of the Chief Judicial Magistrate, Ernakulam, 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 31/08/2007. The court below shall issue fresh summons to the accused.
The appeal is allowed.
K.R.UDAYABHANU, Judge
ms
K.R.UDAYABHANU, J.
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J U D G M E N T
2nd August, 2007
1 issue framed by the court
Whether the acquittal in a cheque dishonour case should be set aside due to wrong noting of the posting date.
2 provisions across 2 enactments
M/S.CHANDRUS PAPER MART
STATE OF KERALA
M/S.MLTLEY PACK
MINI
RAFEEQUE
K.R.UDAYABHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
