Baiju v. Shan
Case brief
What is this about?
Appeal against acquittal in a cheque bouncing case. The High Court held that the evidence was insufficient to prove the execution and issuance of the cheque because the amount and payee details were filled by a third party without explanation. The appeal was dismissed.
What did the court decide?
The criminal appeal filed by the complainant was dismissed, upholding the acquittal of the accused.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937
CRL.A.No. 1561 of 2006 ( )
AGAINST THE JUDGMENT IN CC 88/2001 OF JUDICIAL FIRST CLASS MAGISTRATE -II, NEDUMANGAD DATED 20-04-2004
APPELLANT(S)/COMPLAINANT:
BAIJU, THREETHANKARA PUTHEN VEEDU, MONNANAKUZHY.P.O VEMBAYAM.
BY ADV. SRI.D.KISHORE
RESPONDENT(S)/ACCUSED AND STATE:
1. SHAN, S/O.SHOUKATHALY, PLAKKALA VEEDU, VENKAMALA, MUKKUDIL.P.O VENJARAMOODU.
2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
Issues for consideration
3 issues framed by the court
Whether the appellate court should reverse the lower court's finding that the execution and issuance of the cheque are not proved.
Whether the discrepancy in filling up the amount and payee name on the cheque vitiates the prosecution case under Section 138.
Whether the findings of the lower court that the Special Cheque Certificate is not proved are perverse to warrant reversal.
Parties & counsel
- appellant
Baiju
- respondent
Shan
Coram
P. Bhavadasan
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court