The High Court of Kerala dismissed a criminal appeal against an acquittal under Section 138 of the Negotiable Instruments Act. The appeal was dismissed for non-prosecution as the appellant failed to file representations despite due notice.
Criminal appeal dismissed for non-prosecution.
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.K.MOHANAN
WEDNESDAY, THE 22ND DAY OF AUGUST 2012/31ST SRAVANA 1934
CRL.A.No. 2158 of 2004 (E )
AGAINST THE ORDER/JUDGMENT IN CRLP.747/2004 DATED 09/12/2004 ST.1115/2003 of J.M.F.C.-II,PATHANAMTHITTA
PETITIONER/COMPLAINANT::
VIJAYA KUMAR, PROPRIETOR, J.D.TELECOM, ADOOR.
BY ADVS.SRI.PHILIP M.VARUGHESE SMT.NAJI LONAPPAN
RESPONDENT/ACCUSED AND STATE::
PUBLIC PROSECUTOR – SRI.P.M.SANEER
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.K.MOHANAN,J.
Crl.Appeal No.2158 of 2004
Dated this the 22nd day of August, 2012
JUDGMENT
The subject matter of the appeal is the challenge against an order issued under Section 256(1) of Cr.P.C. by the trial court, acquitting the accused who faced prosecution for the offence under Section 138 of the N.I. Act at the instance of the appellant herein who is the complainant therein.
Crl.A.No.2158/2004
: 2 :
the defects list and there is no representation for the appellant. The above approach of the appellant as well as his counsel shows that they are not interested in prosecuting this appeal. Therefore the above appeal is dismissed for non-prosecution.
V.K.MOHANAN, JUDGE
skj
1 issue framed by the court
Whether to allow the criminal appeal against the acquittal order by the trial court.
2 provisions across 2 enactments
VIJAYA KUMAR
BINU
STATE OF KERALA
V.K.MOHANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
