Mathai v. Mariamma
Case brief
What is this about?
The Kerala High Court allowed a criminal appeal arising from an acquittal under Section 138 of the Negotiable Instruments Act. Setting aside the acquittal ordering under Cr.P.C. Sec. 256(1), the court directed the lower court to permit the complainant to proceed further and dispose of the case on merits following the fresh summons.
What did the court decide?
The court below order is set aside; the complainant is permitted to further pursue the matter and dispose of the case on merits; the appellant is directed to take out fresh summons.