Remanded

Manoj v. State of Kerala

Kerala HC17 Feb 2010Crl.Rev.Pet/283/2007

Case brief

AI extract

What is this about?

In a revision, the court observed that a first appeal by an accused in a cheque dishonour case against conviction and sentence was wrongly dismissed on curable procedural grounds, noting the lower appellate court was bound to appreciate the evidence on merits.

What did the court decide?

The impugned conviction and sentence judgment was set aside and the Criminal Appeal restored to the Additional Sessions Court for disposal on merits.

Manoj Vs State of Kerala — Cheque Dishonour | Kerala HC (2010)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE V.RAMKUMAR

¶4

WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931

¶5

Crl.Rev.Pet.No. 283 of 2007()

¶6

----------------------------CRA.270/2005 of ADDL. SESSIONS COURT, THRISSUR CC.551/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD

¶7

REVN. PETITIONER(S): APPELLANT/ACCUSED

¶8

¶9

MANOJ, S/O.PRABHAKARAN, MANANGATH HOUSE, THAMPANKADAVU DESOM, THALIKULAM VILLAGE, THRISSUR DISTRICT.

¶10

BY ADV. SRI.G.SREEKUMAR (CHELUR)

¶11

RESPONDENT(S): STATE OF KERALA AND LEGAL HEIRS OF ORIGINAL COMPLAINANT

¶12

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

¶13

MAYOORAM FINANCE CORPORATION, THALIKULAM, REP. BY THE LEGAL HEIRS OF ITS MANAGING PARTNER LATE BALAN, REMA BALAN, W/O.MAYOORVEETTIL BALAN, THALIKULAM VILLAGE, DESOM, CHAVAKKAD TALUK.

¶14

BINISH, S/O.MAYOORVEETTIL BALAN, THALIKULAM VILLAGE, DESOM, CHAVAKKAD TALUK.

¶15

CRRP 283/2007

¶16

¶17

JITHIN, S/O.MAYOORVEETTIL BALAN,

¶18

THALIKULAM VILLAGE, DESOM, CHAVAKKAD TALUK.

¶19

MINOR VISHNU, S/O.MAYOORVEETTIL BALAN, THALIKULAM VILLAGE DESOM, CHAVAKKAD TALUK, REP. BY NEXT FRIEND AND GUARDIAN, REMA BALAN, W/O.BALAN, THALIKULAM VILLAGE, DESOM, CHAVAKKAD TALUK.

¶20

ADV. SRI.R.PADMARAJ FOR R2 TO 5 SRI.N.P.SETHU FOR R2 TO R5

¶21

PUBLIC PROSECUTOR SRI.P.A.SALIM

¶22

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶23

V.RAMKUMAR, J.

¶24

= = = = = = = = = = = = Crl.R.P. No.283 of 2007

¶25

= = = = = = = = = = = = = Dated: 17.02.2010

¶26

O R D E R

¶27

Heard both sides.

¶28

The revision petitioner is the accused in C.C. No.551

¶29

of 2002 on the file of the J.F.C.M, Chavakkad which was a prosecution under Sec. 138 of the Negotiable Instruments Act. Aggrieved by the conviction entered and the sentence passed by the learned Magistrate, the revision petitioner filed an appeal before the Additional Sessions Court, Thrissur. The appellate Court as per order dated 13.9.2006 dismissed the appeal for non-representation of the appellant and for non-payment of batta. Both the above grounds are not relevant for disposal of the appeal, otherwise than on merits, it being a first appeal in which the lower appellate court was bound to look into the records and dispose of the appeal on merits.

¶30

Accordingly, the impugned judgment is set aside

¶31

Crl.R.P.No.283/2007

¶32

-:2:-

¶33

and Crl.Appeal No.270 of 2005 shall stand restored to file before the Additional Sessions Court, Thrissur with a direction to dispose of the same on merits, after giving both sides an opportunity of being heard. The parties shall appear before the Lower Appellate Court without any further notice, on 15.3.2010.

¶34

Dated this the 17th day of February 2010.

¶35

V. RAMKUMAR, JUDGE.

¶36

Manoj v. State of Kerala

Case brief

What is this about?

What did the court decide?

Manoj v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sreejith Vs State of Kerala

Manoj J.Chirayath Vs Sukanya Kuries and Loans Pvt.Ltd

Thomas Vs State of Kerala

P.M.Jose Vs Scaria Meledath

P.R.Velayudhan Nair Vs Chimminikkara Karthiayani

M.a.Chandran Vs State & Another