Ouseph Joy v. Sheena P.K.
Case brief
What is this about?
In an appeal against an acquittal in a cheque dishonour case, the High Court of Kerala set aside the acquittal and restored the complaint for trial on the appellant undertaking a deposit, directing expedited proceedings.
What did the court decide?
Orders acquittal set aside; complainant to deposit Rs. 3,000/; complaint restored for trial with direction to expedite.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
TUESDAY, THE 5TH DAY OF FEBRUARY 2013/16TH MAGHA 1934
CRL.A.No. 647 of 2009 (A)
Crl.L.P.1780/2008 of HIGH COURT OF KERALA DATED 26-03-2009
AGAINST THE ORDER/JUDGMENT IN ST.4120/2005 of J.M.F.C.-III,THRISSUR DATED 21-07-2008
APPELLANT:
OUSEPH JOY, S/O INASU, KOZHUKULLIKARAN HOUSE, P.O. KAINOOR,KAINOOR VILLAGE, THRISSUR TALUK, REP. BY HIS POWER OF ATTORNEY HOLDER ASOKAN P.D., S/O. DAMODARAN, AGED 44, PANIKAPARAMBIL HOUSE, RESIDING AT PUZHAMBALAM ROAD,,PUTHUR.P.O., PUTHUR VILLAGE,THRISSUR.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS: ACCUSED & STATE :
- SHEENA P.K., AGED 38, W/O. UMMAR, KURIKAPEEDIKA HOUSE, P. O.ARIMBOOR, NEAR ANTHIKAD POLICE STATION.
Issues for consideration
2 issues framed by the court
Whether the acquittal of the accused for cheque dishonour should be set aside to allow proof of case on merit.
Whether the complainant should be granted an opportunity to prosecute the matter.
Parties & counsel
- appellant
Ouseph Joy
- respondent
Sheena P.K.
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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