Allowed

K.V. Abdul Nazar v. Afsal

Kerala HC2 Jul 2007CRL.A/993/2001

Case brief

AI extract

What is this about?

In this criminal appeal regarding a cheque dispute under Section 138 NI Act, the High Court of Kerala set aside an acquittal based on a clerical error regarding the posting date. The court directed the lower court to issue fresh summons and dispose of the case on merits.

What did the court decide?

Order of acquittal set aside; lower court directed to issue fresh summons and dispose of the case on merits; appellant to appear on 30-7-2007.

K.V. Abdul Nazar Vs Afsal — Quashing and FIR | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU

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MONDAY, THE 2ND JULY 2007 / 11TH ASHADHA 1929

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CRL.A.No. 993 of 2001(A)

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CC.1912/1999 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM CRL.MC NO.5730/2001 DATED 22/08/2001

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APPELLANT:

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K.V.ABDUL NAZAR, PROPRIETOR, AKBAR TRAVELS OF INDIA VELLAYAMBALAM, THIRUVANANTHAPURAM-10, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR.PRAVEEN S/O.PURUSHOTHAMAN, PALLEERI HOUSE, PATTAMBI, PALAKKAD.

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BY ADV. SRI.M.SREEKUMAR

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RESPONDENTS:

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MR.AFSAL, S/O. ARSHAD, AFANL MANZIL, MADAN NADA, PALLIMUKKUM, KOLLAM DISTRICT.

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR, SRI C.K.SURESH

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.R.UDAYABHANU, J.

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.A.No.993 of 2001(D)

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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Dated this the 2^nd day of July, 2007

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J U D G M E N T

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The appellant is the complainant in C.C.No.1912/1999 in the file of the Chief Judicial Magistrate, Thiruvananthapuram, 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 submitted that the lapse was occasioned on account of the wrong noting of the posting date.

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In the circumstances, the order of acquittal 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 30-7-2007. The court below shall issue fresh summons to the accused.

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The appeal is allowed.

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K.R.UDAYABHANU, Judge

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K.R.UDAYABHANU, J.

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.A.No.993 of 2001(D)

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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J U D G M E N T

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2^nd July, 2007

K.V. Abdul Nazar v. Afsal

Case brief

What is this about?

What did the court decide?

K.V. Abdul Nazar v. Afsal

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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