Allowed

Mohammed Ashraf K. v. v.Mohammed and Another

Kerala HC7 Feb 2013CRL.A/1339/2009

Case brief

AI extract

What is this about?

The court allowed the criminal appeal filed by the complainant in a cheque dishonour case. Setting aside the lower court's acquittal, the judgment remanded the matter to the trial court for fresh consideration in accordance with law and law.

What did the court decide?

The impugned order is set aside; the case is remanded to the trial court for fresh consideration; parties directed to appear on 08.03.2013.

Mohammed Ashraf K. Vs v.Mohammed and Another — Cheque Dishonour | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.K.MOHANAN

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THURSDAY, THE 7TH DAY OF FEBRUARY 2013/18TH MAGHA 1934

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CRL.A.No. 1339 of 2009 ( )

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ST.2431/2006 of J.M.F.C.-V,KOZHIKODE DATED 07-07-2008

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APPELLANT(S)/COMPLAINANT:

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MOHAMMED ASHRAF K,47 YERAS, "AFRA COTTAGE", KODAMPUZHA, FAROOK COLLEGE (P.O) FERROKE AMSOM AND DESOM.

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BY ADV. SRI.K.M.FIROZ

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RESPONDENT(S)/ACCUSED:

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1. V.MOHAMMED,S/O.AHAMMEDKUTTY HAJI, C.N HOUSE, NO.VI/368, VAYANCHERI MUKKU IRITTY, KANNUR DIST.

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2. THE STATE OF KERALA,REP.BY THE PUBLIC

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PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY ADV. SRI.SHAJI THOMAS PORKKATTIL

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SRI.BINU PAUL SRI.T.V.VINU

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BY PUBLIC PROSECUTOR ADV.SRI.RAMPRASAD UNNI

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 07-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ami/

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V.K.MOHANAN, J.

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Crl.A.No.1339 of 2009

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Dated this the 8^th day of February, 2013.

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J U D G M E N T

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The complainant in a prosecution for the offence

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punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the appellant since he is aggrieved by the judgment dated 7.7.2008 in S.T.No.2431 of 2006 of the court of Judicial First Class Magistrate-V, Kozhikode, by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

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Heard the counsel for the appellant and the respondent. I have perused the order impugned.

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Both the counsel for the appellant and the respondent have no dispute that the learned Magistrate has passed two other similar orders in two separate cases, in which the parties are the same and the above orders of

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Crl.A.No.1339 of 2009

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the learned Magistrate are challenged before this Court by filing two separate appeals and this Court by separate judgments dated 8.9.2010 in Crl.A.No.1374 of 2009 and 1332 of 2009 allowed the appeals.

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According to me, following the above judgments,

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this appeal can also disposed of incorporating the same conditions and directions.

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In the result, the following order is passed :

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The order under challenge in this appeal is set

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aside.

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The case is remanded to the trial court for fresh consideration and disposal, in accordance with

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law.

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Parties shall appear before the trial court

on 08.03.2013 .

Appeal is allowed.

Sd/-

V.K.MOHANAN, Judge

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ami/

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//True copy//

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P.A. to Judge

Mohammed Ashraf K. v. v.Mohammed and Another

Case brief

What is this about?

What did the court decide?

Mohammed Ashraf K. v. v.Mohammed and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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