Rani S.Nair v. Prabha Kumar K
Case brief
What is this about?
The High Court disposed of the criminal appeal against an acquittal in a cheque dishonour case by setting aside the impugned order. The court granted the appellant one more opportunity to prosecute the matter in the trial court, contingent upon the deposit of a security sum and subsequent appearance. Failure to comply would result in the dismissal of the appeal.
What did the court decide?
The appeal is disposed of by setting aside the acquittal order on condition that the appellant deposits Rs. 2,500/- and appears in court by 12th March 2013 for restoration of the complaint.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
TUESDAY, THE 12TH DAY OF FEBRUARY 2013/23RD MAGHA 1934
CRL.A.No. 1839 of 2009 (D)
[AGAINST THE ORDER/JUDGMENT IN CC.474/2007 of J.M.F.C.-VII, TRIVANDRUM DATED 15-04-2009]
APPELLANT(S)/PETITIONER:
RANI S.NAIR T.C. 28/432, PETTAH PO, THIRUVANANTHAPURAM REPRESENTED BY HER POWER OF ATTORNEY HOLDER BHARATH THAMPY, T.C. 28/432, PETTAH PO THIRUVANANTHAPURAM. BY ADVS.SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.N.MOHANAN PILLAI
RESPONDENTS(S)/ACCUSED & STATE:
- PRABHA KUMAR K ASOKA BHAVAN, KARAKKAMANDAPAM, NEMOM PO THIRUVANANTHAPURAM.
- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R2 BY PUBLIC PROSECUTOR SMT.SHEEBA.
Issues for consideration
2 issues framed by the court
Whether an appeal against an acquittal order merit a one-day adjournment granted to the complainant who failed to appear due to counsel's negligence.
Whether conditions can be imposed on an appellant to ensure cost recovery and expedition of proceedings in a cheque bounce case.
Parties & counsel
- appellant
RANI S.NAIR
- respondent
PRABHA KUMAR
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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