The Court quashed a criminal appeal filed against an additional sessions judge's acquittal order, as the appellant had died before the hearing, causing the appeal to abate.
The criminal appeal was dismissed as abated.
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
MONDAY, THE 10TH DAY OF SEPTEMBER 2012/19TH BHADRA 1934
CRL.A.No. 292 of 2011
[AGAINST THE JUDGMENT IN
CRA.105-09 of ADDL.SESSIONS COURT (ADHOC-I), KOTTAYAM]
APPELLANT(S)/PETITIONER/1ST RESPONDENT/COMPLIAINANT:
P.K.SASIDHARAN, PUTHUPARAMBIL, SACHIVOTHAMAPURAM.P.O.
BY ADV. SRI.SURIN GEORGE IPE
RESPONDENTS(S)/APPELLANT/ACCUSED & STATE:
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10-09-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.K.MOHANAN, J.
Crl.A.No. 292 of 2011
Dated this the 10th day of September, 2012
J U D G M E N T
The above appeal is preferred challenging the
judgment dated 11.6.2010 in Crl.A.No.105-09 of the court of the Additional Sessions Judge, Kottayam by which the learned Judge of the lower appellate court acquitted the accused, who faced prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') at the instance of the appellant herein though he was convicted by the trial court.
was ordered against the respondents. Now, the Registry has reported that the notice, so ordered, against the first respondent/accused was attempted to be served on the appellant, but the same was returned unserved with the endorsement that 'P.K.Sasidharan died on 30.5.2012', a photostat copy of the death certificate issued by the Registrar of Births and Deaths, Arpookara Grama Panchayath is also
Crl.A.No.292 of 2011
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produced.
the above certificate, it appears that the same is tallying with the details given in the cause title with respect to the appellant. When the appeal is taken up for consideration, there is no representation for the appellant. From the above facts, it appears that the appellant is no more, which fact is supported by the death certificate issued from the concerned Grama Panchayath. Therefore, the above appeal is abated by virtue of Section 394 of the Cr.P.C. Accordingly, the above appeal
is dismissed as abated.
V.K.MOHANAN, Judge
MBS/
Crl.A.No.292 of 2011
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V.K.MOHANAN, J .
CRL.A.No. 434 OF 2003
Crl.A.No.292 of 2011
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JUDGMENT
Dated:11.11.2011
2 issues framed by the court
Whether the criminal appeal abates due to the death of the appellant.
Whether the appeal dismissed as abated complies with Section 394 of the Cr.P.C.
1 provisions across 1 enactments
P.K. Sasidharan
Abraham
State of Kerala
V.K. Mohanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
