Nemichand. P v. Reji
Case brief
What is this about?
In an appeal under Section 138 NI Act where the accused was acquitted due to wrong noting of posting date, the High Court set aside the acquittal and directed the trial court to dispose of the case on merits by issuing fresh summons.
What did the court decide?
Acquittal set aside; direction to trial court to permit further proceedings and dispose on merits by issuing fresh summons.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU
TUESDAY, THE 24TH JULY 2007 / 2ND SRAVANA 1929
CRL.A.No. 470 of 2001()
CC.79/1999 of JUDL. MAGISTRATE OF FIRST CLASS-IV (MOBILE), TRIVANDRUM
APPELLANT:
NEMICHAND P., PROPRIETOR, MEENAKSHI MARKETING, ATTIKAL SHOPPING COMPLEX, EAST FORT, THIRUVANANTHAPURAM.
BY ADV. SRI.M.RAJASEKHARAN NAYAR
RESPONDENTS:
Issues for consideration
2 issues framed by the court
Whether to set aside the acquittal of the accused on the ground of wrong noting of the posting date.
Whether the High Court should direct the trial court to dispose of the matter on merits.
Parties & counsel
- appellant
Nemichand P.
- respondent
Reji
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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