Appeal against acquittal in cheque dishonour case where appellant abandoned prosecution as accused paid full amount during appeal pendency
Criminal appeal dismissed as appellant withdrew prosecution and accused paid full amount.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 14TH DAY OF DECEMBER 2016/23RD AGRAHAYANA, 1938
CRL.A.No. 494 of 2009 (B)
AGAINST THE ORDER/JUDGMENT IN Crl.L.P. 188/2009 of HIGH COURT OF KERALA DATED 05-03-2009 AGAINST THE ORDER/JUDGMENT IN ST 1134/2008 of J.M.F.C.-II (MOBILE),KOTTAYAM DATED 31-12-2008
PETITIONER/COMPLAINANT:
KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD. REPRESENTED BY ITS MANAGER, LADIES BRANCH, KOTTAYAM.
BY ADVS.SRI.T.A.SHAJI,SC,KOTTAYAM DIST.COOP.BAN SRI.SUNIL CYRIAC,SC,DIST.CO-OP,BANK,KTM
RESPONDENT(S)/ACCUSED & STATE:
1. SABU BASHEER, VADASSERIL HOUSE, KARAPUZHA P.O. KOTTAYAM.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
R1 BY ADV. SMT.NIMA JACOB
R1 BY ADV. SRI.V.K.SUNIL
R2 BY SR.PUBLIC PROSECUTOR SRI. HRITWICK C.S.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B. KEMAL PASHA, J.
................................................................ Crl. Appeal No. 494 of 2009
............................................................... Dated this the 14th day of December, 2016
J U D G M E N T
Appellant is the complainant in S.T.No.1134/2008 of the Judicial First Class Magistrate's Court-II, Kottayam. Through the impugned judgment, the court below acquitted the accused in the case, in which an offence under Section 138 of the N.I. Act was alleged by the appellant. The appellant is presently challenging the impugned judgment of acquittal.
Crl. Appeal No. 494 of 2009
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discharged and the appellant does not want to prosecute the appeal any more, this appeal can be dismissed.
In the result, this Crl. Appeal is dismissed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
// true copy //
P.S. to Judge.
1 issue framed by the court
Whether a criminal appeal can be dismissed when the accused pays the cheque amount during pendency
1 provisions across 1 enactments
KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD.
SABU BASHEER
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
