The Kerala High Court allowed the appeal against an order of acquittal in a cheque dishonour case. The High Court set aside the acquittal caused by the complainant's delay and restored the complaint to the lower court for further proceedings.
The appeal is allowed. The order of acquittal is set aside. The complaint is restored to file for further proceedings.
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 V.GIRI
TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930
CRL.A.No. 252 of 2008()
----------------------AGAINST THE JUDGEMENT/ORDER IN CRLP.844/2007 CC.932/1995 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE
APPELLANT: COMPLAINANT:
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MUHAMMED FAIZAL, S/O. ABOOBACKER NAHA, NAHA MANZIL, KURUVANTHURUTHY, FEROKE.
BY ADV. SRI.R.SUDHISH
RESPONDENTS: STATE AND ACCUSED:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. K.ASHRAF, S/O. KUPPANADATHIL BICHALI, KUPPANADATHIL HOUSE, KODAMPUZHA, FEROK COLLEGE, KOZHIKODE.
BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MOHAMMED
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
V. GIRI, J.
Crl.Appeal.NO. 252 of 2008
Dated this the 19th day of August, 2008.
JUDGMENT
The complainant in CC.No.932/95 on the files of the JFCM Court-V, Kozhikode is the appellant herein. The complaint was filed alleging that the accused committed an offence under section 138 of the Negotiable Instruments Act. Going by the statement contained in the petition for leave as also the appeal memorandum, the accused had never appeared before the court below in time after the complaint was instituted. It seems that proceedings under sections 82 and 83 of the Cr.PC were taken against him.
CRA. 252 /2008 2
earlier stage.
For the reasons stated above, the appeal is allowed. The order of acquittal is set aside. The complaint is restored to file. The court below is directed to further proceed with C.C.No.932/1995 in accordance with law. The parties are directed to appear before the court below on 13.10.2008.
V. GIRI, JUDGE.
Pmn/
CRA. 252 /2008 3
1 issue framed by the court
Whether the criminal appeal against an order of acquittal due to the complainant's absence should be allowed.
MUHAMMED FAIZAL
STATE OF KERALA
K.ASHRAF
V. GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
