Antony v. Sam George
Case brief
What is this about?
The High Court of Kerala allowed the appellant's appeal against the acquittal in a cheque bounce case, holding that the lower appellate court committed a substantial miscarriage of justice by failing to hear the complainant-appellant.
What did the court decide?
Impugned judgment of acquittal set aside; appeal remitted to lower court for fresh disposal after giving opportunity to both sides.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 20TH DAY OF OCTOBER 2016/28TH ASWINA, 1938
CRL.A.No. 54 of 2009 ( )
CRA 48/1992 of II ADDITIONAL SESSIONS COURT, ERNAKULAM
C.C.NO.215 OF 1990 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE’S COURT, ERNALULAM
APPELLANT/PETITIONER/COMPLAINANT:
ANTONY, PROPRIETOR,
MATTAPPILLIL IRON FABRICATIONS, THIRUVANKULAM.
BY ADV. SRI.S.SREEKUMAR
RESPONDENTS/RESPONDENTS/ACCUSED & STATE :
Issues for consideration
2 issues framed by the court
Whether the lower appellate court committed a substantial miscarriage of justice by acquitting the accused without hearing the complainant-appellant.
Whether the impugned judgment setting aside the conviction violates the principle of natural justice.
Parties & counsel
- appellant
ANTONY
- respondent
SAM GEORGE P.
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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