Appeal against acquittal of accused in Section 138 NI Act complaint dismissed due to complainant's absence. Court set aside order of acquittal and directed trial court to issue fresh summons and dispose matter on merits.
Order of acquittal set aside; appeal allowed; directed to issue fresh summons to accused and dispose case 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
THURSDAY, THE 12TH JULY 2007 / 21ST ASHADHA 1929
CRL.A.No. 46 of 2001()
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CC.325/2000 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR
APPELLANT:
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S.NOUSHAD, MANAGING PARTNER, M/S.ATTINKARA ELECTRONICS, M.C.ROAD, CHENGANNUR, PIN 689 121.
BY ADV. SRI.S.HARIKRISHNAN
RESPONDENTS:
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1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SRI.RADHAKRISHNAN, SAKTHI BHAVAN, KEEZHCHERIMEL, CHENGANNUR, PIN 689 121.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A.NO.46 of 2001
K.R. UDAYABHANU, J.
DATED THIS THE 12th July 2007
JUDGMENT
The appellant is the complainant in C.C.No. 325/2000 in the file of the Judicial Magistrate of First Class-I, Chengannur with respect to 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 the case of the appellant that on the particular day, he happened to be absent on account of unforeseen events.
In the circumstances and considering the nature of the complaint, the order of the court below 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 10-82007. The court below shall issue fresh summons to the accused/respondent. The appeal is allowed.
K.R. UDAYABHANU, JUDGE
ks.
CRA
2
K.R. UDAYABHANU,J.
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CRL.A.NO.46 of 2001
JUDGMENT
12-7-2007
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2 issues framed by the court
Whether the complaint dismissed due to absence of the complainant should be set aside to allow proceeding on merits.
Whether the High Court should set aside the order of acquittal and remand the case to the trial court.
2 provisions across 2 enactments
S. Nooshad
State of Kerala
Sri. Radhakrishnan
K.R. Udayabhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
