This criminal appeal concerned the setting aside of an acquittal where the complainant had died during trial. The High Court held that the acquittal was unjustified due to the complainant's death and allowed the appeal, remanding the matter for the legal heirs to prosecute.
Acquittal set aside; legal heirs given chance to prosecute the complaint on 17.11.2008.
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
MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930
CRL.A.No. 351 of 2008()
----------------------AGAINST THE JUDGEMENT/ORDER IN CRLP.903/2007 Dated 04/10/2007 CC.940/1999 of CHIEF JUDL.MAGISTRATE, ERNAKULAM
APPELLANT/LEGAL HEIRS OF THE COMPLAINANT K.SIVARAJ:
BY ADV. SRI.JOSE THETTAYIL
RESPONDENTS/ACCUSED:
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.GIRI, J.
==============
Criminal Appeal No. 351 of 2008 ====================
Dated this the 1st day of September, 2008.
J U D G M E N T
The legal heirs of the complainant in C.C.No.940/1999, on the files of Chief Judicial Magistrate, Ernakulam are the appellants herein. The calendar case arises out of a complaint filed by Late K.Sivaraj, the predecessor of the present appellants contending that the accused had issued a cheque for an amount of Rs.4,75,000/- to the complainant towards the balance consideration for the sale of his rights over the cinema, named, Vardhakya Puranam. Cheque was dishonoured for want of sufficient funds. Notice of demand did not result in payment and hence a complaint was filed. The case was posted to 4.12.2001 for evidence. But, in the meanwhile, the complainant died and the appellants could not engage a lawyer in time. In the result, on 4.12.2001, the court below, noting that the complainant and the counsel were absent, proceeded to acquit the accused under Section 256 Cr.P.C.
Criminal Appeal No. 351 of 2008 2
reason. At any rate, the complainant was not alive on 4.12.2001. In these circumstances, the acquittal of the accused under Section 256 Cr.P.C. would not even otherwise be justified. I am of the view that the legal heirs of the complainant be given another chance to prosecute the complaint.
In the result, the appeal is allowed. The order of acquittal is set aside. The appellants herein, legal heirs of the complainant shall appear before the court below on 17.11.2008. Court below shall consider their prayer for prosecuting the complaint and then proceed with C.C.No.940/1999. The accused shall also appear before the court below on 17.11.2008.
V.GIRI, JUDGE
bkn/-
2 issues framed by the court
Whether acquittal under Section 256 Cr.P.C. is justified when the complainant's absence was due to death.
Whether legal heirs of a deceased complainant can be given a chance to prosecute the complaint after acquittal.
1 provisions across 1 enactments
Legal heirs of the complainant
Mani C Kappan
State of Kerala
V.GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
