The High Court of Kerala refused leave to appeal against an acquittal order in a cheque dishonour case, finding no perversity in the Trial Court's judgment regarding the non-production of the original cheque.
Leave to file an appeal was not granted and the Criminal Leave Petition was dismissed.
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 MRS. JUSTICE K.HEMA WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933
Crl.L.P..No. 469 of 2011(Y)
--------------------------ST.2593/2008 of J.M.F.C.,KOTTAYAM ...................
PETITIONER (S):
BINU.P.P., PANDARAKKUNNEL HOUSE, MOOLAVATTOM P.O., KOTTAYAM DISTRICT.
BY ADV. SMT.A.SREEKALA
RESPONDENT(S):
ADV. SRI.ARUN.B.VARGHESE FOR R1 PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR
THIS CRIMINAL LEAVE PETITION HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sou.
K. HEMA, J
---------------------Crl.L.P.No.469 OF 2011
----------------------------------Dated 22nd June, 2011
O R D E R
This petition is filed for leave to file appeal against an order of acquittal.
“Moreover at the time of examination of PW1 only a photocopy of the cheque was produced and the accused was not given a chance to show the original cheque to PW1 and to confront PW1 on the aspects of execution. This also does not appear to be a proper method. If there is any difference in the colour of ink or on nature of writings, original itself should be confronted with PW1. Even though the original cheque was produced later, no steps taken to
Crl.L.P. No.469/11
2
formally admit the same in evidence. Mere production of documents will not amount to admission of the same in evidence. It has to be noted that the defence case suggested is that the blank cheque was obtained which was misused in this case.”
This petition is dismissed.
Sd/-
K. HEMA, JUDGE.
Sou.
// True copy //
2 issues framed by the court
Whether leave to file an appeal against an order of acquittal in a cheque bounce case should be granted.
Whether the High Court should interfere with the Trial Court's findings regarding the originality and admissibility of the cheque evidence.
1 provisions across 1 enactments
BINU.P.P.
V.M.GIRIJA
STATE OF KERALA
K. HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
