A criminal appeal by a complainant challenging an acquittal in a cheque dishonour case was dismissed because the judgment held the appeal abated due to the death of the accused/respondent.
Appeal dismissed as abated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 23RD DAY OF SEPTEMBER 2016/1ST ASWINA, 1938
CRL.A.No. 2097 of 2009 ( )
ST 117/2007 of JUDICIAL FIRST CLASS MAGISTRATE’S COURT-II, PATHANAMTHITTA DATED 23-03-2009
APPELLANT/PETITIONER/COMPLAINANT:
THANKACHAN.K.T., S/O.K.C.THOMAS, KADAMATTU, ELIYIRICKAL, KONNY, PATHANAMTHITTA.
BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE
RESPONDENTS/STATE AND ACCUSED:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. K.V.ZACHARIAH, KAIPPENPLACKAL HOUSE, THADIYOOR P.O.,PATHANAMTHITTA.
R1 BY PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA R2 BY ADVS. SRI.C.V.MANUVILSAN SRI.P.G.SURESH
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 23-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/28/9/16
B. KEMAL PASHA, J.
................................................................ Crl. Appeal No. 2097 of 2009 ............................................................... Dated this the 23rd day of September, 2016
J U D G M E N T
The appellant is the complainant in S.T.No.117/2007 of the Judicial First Class Magistrate's Court-II, Pathanamthitta, which was the result of a private complaint filed alleging an offence punishable under Section 138 of the N.I. Act. The court below found the accused not guilty of the offence punishable under Section 138 of the N.I. Act and acquitted him under Section 255(1) Cr.P.C., and hence the appeal.
Crl. Appeal No. 2097 of 2009
-: 2 :-
therefore, this appeal is only to be dismissed and I do so.
In the result, this Crl.Appeal is dismissed as abated.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
// true copy //
P.S. to Judge.
1 issue framed by the court
Whether the criminal appeal filed by the complainant stands abated upon the death of the accused during pendency.
1 provisions across 1 enactments
THANKACHAN.K.T.
STATE OF KERALA
K.V.ZACHARIAH
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
