Vijayakumar v. Malika
Case brief
What is this about?
Appellant appealed an order setting aside his complaint in a cheque bounce case due to his absence. Court found the absence resulted from a misplaced cheque copy and a clerical error in the posting date, allowing a fresh hearing opportunity.
What did the court decide?
The appeal is allowed; the impugned order is set aside; the complaint is restored to file and remitted for fresh disposal;
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
SATURDAY, THE 6TH DAY OF AUGUST 2016/15TH SRAVANA, 1938
CRL.A.No. 2338 of 2010
CC 1798/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL
APPELLANT(S)/COMPLAINANT:
VIJAYAKUMAR, S/O.NALINAKSHAN NAIR, AKKARAVILAVEEDU, ATTINGAL,
REP. BY POWER, OF ATTORNEY HOLDER THANKAMANI, W/O.NALINAKSHAN NAIR, AKKARAVILAVEEDU, AVANAVANCHERRY, ATTINGAL.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT(S)/ACCUSED AND STATE:
1. MALLIKA, REMYAS, ALAMCODE P.O., PALLIMUKKU, TRIVANDRUM-695 102.
Issues for consideration
1 issue framed by the court
Whether the appellant is entitled to one more opportunity to proceed with the complaint after the impugned order was passed due to his absence caused by a misplaced certified copy of the cheque.
Parties & counsel
- appellant
VIJAYAKUMAR
- respondent
MALLIKA
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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