Criminal appeal against acquittal in a cheque dishonour case where the complainant was absent and an exemption application was rejected. Court set aside acquittal and restored prosecution.
Acquittal order set aside and proceedings restored for further hearing in CC No. 958/2002.
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. 84 of 2007()
---------------------AGAINST THE JUDGEMENT/ORDER IN CRLP.666/2006 Dated 12/12/2006 CC.958/2002 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA
APPELLANT/ COMPLAINANT:
P.N. GOPALAKRISHNA PILLAI, S/O.K.R. NARAYAN PILLAI, AMBADY, BHAGAVATHIKKUM PADNJARU, KEERUKUZHY P.O.
BY ADV. SRI.P.SREEKUMAR
RESPONDENTS/ACCUSED:
BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED
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. 84 of 2007 ====================
Dated this the 1st day of September, 2008.
J U D G M E N T
The complainant in C.C.No.958/2002 on the files of Judicial First Class Magistrate Court, Mavelikkara, is the appellant herein. The complaint was filed alleging that the accused had committed an offence punishable under Section 138 of the Negotiable Instruments Act. Apparently, the case was posted to 4.10.2006. The complainant was absent and an exemption application was also filed. Learned Magistrate rejected the same and acquitted the accused under Section 256(1) Cr.P.C. Hence the appeal.
In the result, the appeal is allowed and the order of acquittal is set aside. The court below shall further proceed with C.C.No.958/2002, in accordance with law. Parties shall appear before the court below on 17.11.2008.
V.GIRI, JUDGE
bkn/-
1 issue framed by the court
Whether the acquittal of the accused under Section 256(1) Cr.P.C. after the complainant's absence should be set aside to afford the complainant another chance to prosecute.
2 provisions across 2 enactments
P.N. Gopalakrishna Pillai
M/s. Anupam Textiles
Muthukrishnan
Pitchaya Reddiar
The State of Kerala
V. Giri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
