Anil Kumar G v. Vinod
Case brief
What is this about?
Appellant against acquittal order for cheque dishonour. High Court set aside acquittal allowing retrial on merit contingent upon deposit of Rs.1,750/- within one month. Costs apportioned between accused and State.
What did the court decide?
Appeal allowed; acquittal set aside; order to deposit Rs.1,750/- within one month; complaint restored for trial; Rs.1,000/- to accused and Rs.750/- to State Exchequer.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 CRL.A.No. 1161 of 2011()
-----------------------AGAINST THE JUDGEMENT/ORDER IN CRLP.356/2011 Dated 24/05/2011 ST.44/2010 of JUDL. MAGISTRATE OF FIRST CLASS - III, KOLLAM
APPELLANT(S): COMPLAINANT:
-------------------------------------------------
ANIL KUMAR G., ANIL NIVAS, TRA-II A, MUNDAKKAL, KOLLAM.
BY ADV. SRI.THYPARAMBIL THOMAS THOMAS
RESPONDENT(S): ACCUSED & STATE:
---------------------------------------------------------
1. VINOD G., PATTATHUVILA VEEDU, KADAPPAKKADA P.O., KOLLAM - 695 051.
Issues for consideration
3 issues framed by the court
Whether the impugned order of acquittal on Section 138 NI Act due to procedural laches set aside and matter restored on condition of deposit.
Whether the appellant should be given another opportunity to prosecute the matter on merit after laches.
How the fine amount is to be apportioned between the accused and the State Exchequer upon restoration.
Parties & counsel
- appellant
ANIL KUMAR G.
- respondent
STATE OF KERALA
Coram
V.K.MOHANAN
Case details
As recorded by the court registry
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