M.Sajith v. Ramesh
Case brief
What is this about?
High Court of Kerala disposed of an appeal against an acquittal in a cheque bounce case. Setting aside the impugned order, the Court directed the appellant to deposit Rs. 1,500 within one month to restore the complaint for trial on merit before a fixed date.
What did the court decide?
Impugned order dated 27.2.2009 set aside on condition that appellant deposits Rs. 1,500 in trial court within one month; complaint restored to file for trial on merit.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
THURSDAY, THE 7TH DAY OF FEBRUARY 2013/18TH MAGHA 1934
CRL.A.No. 1313 of 2009 ( )
CC.537/2006 of J.M.F.C., KARUNAGAPPALLY DATED 27-02-2009
APPELLANT(S)/COMPLAINANT:
M.SAJITH, PANAYARA VEETIL, PADANAYARKULANGARA NORTH MURI KARUNAGAPPALLY P.O., KOLLAM DISTRICT.
BY ADV. SRI.N.VIMALAN
RESPONDENT(S)/ACCUSED:
1. RAMESH, S/O. VASUDEVAN, KOZHIKKALAZHIKATHU THEKKATHIL, KANNIMEL CHERI KILIKOLLOOR.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
Issues for consideration
2 issues framed by the court
Whether a criminal appeal under Section 138 of the Negotiable Instruments Act should be disposed of with conditions to reinstate the complaint.
What terms of deposit and appearance are required to restore the trial after an erroneous acquittal due to clerical lapses.
Parties & counsel
- appellant
M.SAJITH
- respondent
RAMESH
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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