This court disposed of a criminal appeal against an acquittal. The court dismissed the appeal because the appellant, who had died, failed to have legal representatives come on record within the prescribed time despite extensions.
The criminal appeal is dismissed as the appellant's legal representatives did not appear to come on record.
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
WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938
CRL.A.No. 548 of 2009 ( )
-------------------------Crl.L.P. 202/2009 OF THIS HON'BLE COURT ST 2365/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTTAYAM
PETITIONER/COMPLAINANT :
----------------------
S.JOSEPH, KAKKOOR, NATTAKOM VILLAGE, KOTTAYAM TALUK.
BY ADVS.SRI.PHILIP T.VARGHESE SMT.A.SREEKALA
RESPONDENT(S)/STATE AND ACCUSED:
1. STATE OF KERALA THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SHAMJI KUMAR, W/O.SHAMJI KUMAR, KOLLAMPARAMPIL HOUSE, M/S.S.K.TRADERS, PULIKKAKAVALA P.O., VAZHOOR, KOTTAYAM.
R1 BY PUBLIC PROSECUTOR SRI. HRITWIK R2 BY ADV. SRI.N.P.SETHU
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 05-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
B. KEMAL PASHA, J.
................................................................ Crl. Appeal No. 548 of 2009
............................................................... Dated this the 5th day of October, 2016
J U D G M E N T
Aggrieved by the judgment of acquittal in S.T.No.2365/2006 of the Judicial First Class Magistrate's Court-I, Kottayam, the complainant before the court below has come up in appeal. The case before the court below is as a result of a private complaint filed by the appellant herein as complainant against the 2nd respondent herein as the accused, alleging an offence punishable under Section 138 of the N.I. Act. The court below, through the impugned judgment, acquitted the accused under Section 255(1) Cr.P.C.
Crl. Appeal No. 548 of 2009 -: 2 :-
appellant, in case they are willing to come on record. None of the legal representatives have turned up. Again, time was extended as last chance. Today also, the learned counsel for the appellant has pointed out that no one has turned up. It seems that the legal representatives are not ready to come on record. Matters being so, there is no meaning in proceeding with this appeal further. Therefore, this appeal is only to be dismissed and I do so.
In the result, this Crl. Appeal is dismissed.
ul/-
Sd/- B. KEMAL PASHA, JUDGE. // true copy //
P.S. to Judge.
1 issue framed by the court
Whether the criminal appeal can be proceeded with in the absence of the appellant's legal representatives who have failed to come on record despite extensions.
2 provisions across 2 enactments
S.JOSEPH
SHAMJI KUMAR
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
