The High Court at Ernakulam disposed of a Criminal Leave Petition seeking leave to appeal against an acquittal in a cheque-dishonour case, rejecting the petitioner's challenge to the trial court's finding. Case type: Crl. Leave Petition 702 of 2007.
The Criminal Leave Petition for leave to appeal is dismissed.
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.THANKAPPAN
WEDNESDAY, THE 7TH MARCH 2007 / 16TH PHALGUNA 1928
Crl.L.P..No. 702 of 2006()
-------------------------CC.651/2004 of JUDICIAL FIRST CLASS MAGISTRATE COURT .-III, PUNALUR
PETITIONER/COMPLAINANT:
BIJU M. JOHNY, S/O.JOHNY,
AGED 36 YEARS, RESIDING AT BIJU BHAVAN, CHEMMANTHUR, PUNALUR MURI, PUNALUR VILLAGE.
BY ADVS. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS
SRI.AJITH MURALI
RESPONDENTS:
BY PUBLIC PROSECUTOR SRI. M.S.BREEZE.
THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR ADMISSION ON 07/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.THANKAPPAN, J.
---------------------------------------CRL. L.P. NO. 702 OF 2006
Dated this the 7th day of March, 2007
O R D E R
This is a petition for leave to appeal against the judgment in C.C. No.651 of 2004 on the file of the Judicial First Class Magistrate's Court III, Punalur.
CRL.L.P.NO.702/2006
2
respondent denied having issued any cheque in favour of the complainant and stated that he had transactions with the father of the complainant in whose favour he had issued a cheque which, according to him, was misused by the petitioner - complainant.
The Crl. Leave Petition is accordingly dismissed.
(K.THANKAPPAN, JUDGE)
sp/
CRL.L.P.NO.702/2006 3
2 issues framed by the court
Whether the finding of acquittal by the court below, after doubting the issuer of the dishonoured cheque, requires interference in a petition for leave to appeal.
Whether the petitioner has established that the cheque was issued in his favour to discharge a liability.
2 provisions across 2 enactments
Biju M. Johny
Rajan
K. Thankappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
