Appeal by the complainant in a cheque dishonour case where the accused was acquitted due to the complainant's non-appearance. The court allowed the appeal, set aside the acquittal, and remanded the matter for disposal on merits.
Appeal allowed; impugned acquittal set aside; case remanded 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
WEDNESDAY, THE 18TH JULY 2007 / 27TH ASHADHA 1929
CRL.A.No. 557 of 2001()
---------------------------CC.242/2001 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM DT.27.4.2001
APPELLANT: COMPLAINANT
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M.S.MOHANKUMAR, PROPRIETOR, S.M.TRAVELS, THRIVENI COMPLEX KOTTAYAM.
BY ADV. SRI.JOBI JOSE KONDODY
RESPONDENTS: STATE AND ACCUSED
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1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. K.R.GOPINATHAN NAIR, PROPRIETOR, KRISHNA TRAVELS, TOURIST BUS OPERATORS AND CONTRACTORS, KOTTA PO., NEAR PRABHURAM MILLS, CHENGANNOOR.
BY PUBLIC PROSECUTOR SRI.C.K.SURESH
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.R. UDAYABHANU, J.
CRL.A.NO.557 of 2001
Dated , 18th July, 2007.
JUDGMENT
Appellant is the complainant in C.C.No.242/2001, the proceedings initiated under section 138 of the Negotiable Instruments Act in which the accused was acquitted under section 256(1) Cr.P.C. It is submitted that the complainant could not appear on the particular day as he was held up in traffic block. In the circumstances, the appeal is allowed. The order of the court below is set aside. The court below is directed to permit the complainant to further pursue the matter and dispose of the case on merits. The appellant would take out fresh summons to the accused.
The appellant shall appear before the court below on 8-82007.
(K.R.UDAYABHANU) JUDGE.
Kvm/-
CRA
2
K.R.UDAYABHANU, J.
CRL.A.NO. 557 OF 2001
JUDGMENT
18-7-2007.
CRA 3
1 issue framed by the court
Whether to allow the appeal filed by the complainant who failed to appear due to traffic and seek disposal of the case on merits.
2 provisions across 2 enactments
M.S. Mohankumar
State of Kerala
K.R. Gopinathan Nair
K.R. Udayabhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
