Dismissed

S.Joseph v. State of Kerala & Another

Kerala HC5 Oct 2016CRL.A/549/2009

Case brief

AI extract

What is this about?

The High Court of Kerala heard a criminal appeal filed by the complainant against an acquittal under Section 138 of the N.I. Act. The court observed that the appellant had died and the legal representatives had not turned up to contest the appeal after sufficient time was granted. Consequently, the court held there was no meaning in proceeding further and dismissed the appeal.

What did the court decide?

The criminal appeal was dismissed because the legal representatives of the appellant were not willing to come on record.

S.Joseph Vs State of Kerala & Another — Cheque Dishonour | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938

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CRL.A.No. 549 of 2009 ( )

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ST 2369/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTTAYAM.

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APPELLANT/COMPLAINANT:

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S.JOSEPH, JOJO COTTAGE, KAKKOOR, NATTAKOM VILLAGE, KOTTAYAM VILLAGE.

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BY ADV. SRI.PHILIP T.VARGHESE

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RESPONDENT(S)/STATE AND ACCUSED:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. MINI SHAMJI KUMAR, W/O.SHAMJI KUMAR, KOLLAMPARAMPIL HOUSE, PROPRIETOR, M/S. S.K.TRADERS, PULIKKAKAVALA P.O., VAZHOOR, KOTTAYAM.

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R1 BY SENIOR PUBLIC PROSECUTOR SRI.ALEX.M THOMAS R2 BY ADV. SRI.N.P.SETHU

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 05-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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B. KEMAL PASHA, J.

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................................................................ Crl. Appeal No. 549 of 2009

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............................................................... Dated this the 5^th day of October, 2016

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J U D G M E N T

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Aggrieved by the judgment of acquittal in S.T.No.2369/2006 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 2^nd 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.

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When this appeal came up for hearing, the learned counsel for the appellant has pointed out that the appellant is no more. Sufficient time was granted by this Court to bring on record the legal representatives of the

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Crl. Appeal No. 549 of 2009 -: 2 :-

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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

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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.

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In the result, this Crl. Appeal is dismissed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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// true copy //

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P.S. to Judge.

S.Joseph v. State of Kerala & Another

Case brief

What is this about?

What did the court decide?

S.Joseph v. State of Kerala & Another

Case brief

What is this about?

What did the court decide?

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