Criminal appeal against an acquittal order passed under Section 256(1) Cr.P.C. on a date not covered by that section. The High Court held the order illegal, applying P.V. Joseph, set it aside, and remanded the cheque dishonour case for fresh disposal.
Impugned order set aside; case remanded to trial court for fresh consideration and disposal on law.
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
MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933
CRL.A.No. 810 of 2004()
----------------------AGAINST THE JUDGEMENT/ORDER IN CRLP.196/2004 Dated 18/03/2004 CC.330/2001 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI
APPELLANT(S): COMPLAINANT:
A.K.BABU, S/O. KOCHAPPAN NAIR, AGED 40, ATTUVALLY HOUSE, PERUMPADAPPU, COCHIN.
BY ADV. SRI.N.RAJAGOPALAN NAIR
RESPONDENT(S): ACCUSED:
ADV. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE FOR R1 & R2 BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD
ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.HEMA, J.
----------------------------------------------- Crl. Appeal No. 810 of 2004 ----------------------------------------------- Dated this 27th day of June, 2011.
JUDGMENT
This appeal arises from an order of acquittal passed under Section 256(1) of the Code of Criminal Procedure ('the Code' for short).
2
[Crl.Appeal No.810/2004]
satisfied that the impugned order is illegal, since it is passed not on either of the two days specified in Section 256(1) Cr.P.C. Hence, the order is liable to be set aside in the light of the dictum laid down by this Court in P.V. Joseph v. State of Kerala (2010 (4) KLT 697).
In the result, the following order is passed:
This appeal is allowed.
K.HEMA, JUDGE.
Krs.
2 issues framed by the court
Whether an acquittal order passed on a date not specified in Section 256(1) Cr.P.C. is legal and sustainable?
Whether such an order is liable to be set aside and the case remanded for fresh consideration?
Colour shows how this judgement treated each authority
P.V. Joseph v. State of Kerala (2010 (4) KLT 697)Applied¶27
3 provisions across 2 enactments
A.K.BABU
M/S. PALAMATTOM CHITTIES (P) LTD.
ABDUL MAJEED RAWTHER
K.HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
