This criminal appeal dismissed an appeal against an acquittal in a cheque bounce case under the Negotiable Instruments Act. The High Court found the complainant's case unbelievable due to lack of compelling circumstances, limited acquaintance, and insufficient material to invoke statutory presumptions.
The Criminal Appeal was dismissed; the acquittal upheld.
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
FRIDAY, THE 7TH DAY OF OCTOBER 2016/15TH ASWINA, 1938
CRL.A.No. 725 of 2009 (A)
AGAINST THE JUDGMENT IN CRL.A. NO.1045/2006 OF II ADDITIONAL SESSIONS COURT, THIRUVANANTHAPURAM DATED 03-01-2009. ST. NO.503/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-VII, THIRUVANANTHAPURAM.
APPELLANT/COMPLAINANT:
K. MANOHARAN THAMPI, TC 19/2354, EASWARIPRIYA, VATTAVILA, THIRUMALA P.O., THIRUVANANTHAPURAM.
BY ADV. SMT.K.R.RIJA.
RESPONDENT/ACCUSED AND STATE:
1. T. SHANMUGAN, TC 60/3811.11 (OLD 45/1085), EWMATH LANE VEEDU, PATTATHU VEEDU, SREEVARAHAM, MANACAUD P.O., THIRUVANANTHAPURAM.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.G.SUDHEER. R2 BY SR. PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 07-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
B. KEMAL PASHA, J.
Crl. Appeal No.725 of 2009
Dated this the 7th day of October, 2016
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Challenging the judgment of acquittal passed by
the IInd Additional Sessions Court, Thiruvananthapuram in Criminal Appeal No.1045/2006, the complainant in S.T. No.503/2006 of the Judicial First Class Magistrate's Court, Thiruvananthapuram has come up in appeal. S.T. No.503/2006 was the result of a private complaint filed by the appellant as complainant, against the 1st respondent herein as accused, alleging an offence punishable under Section 138 of the Negotiable Instruments Act. The said case ended in conviction and sentence. Challenging the conviction and sentence, the accused preferred Criminal Appeal No.503/2006. The learned Additional Sessions Judge has chosen to allow the appeal and to acquit the
accused.
Crl.A.725/2009
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Crl.A.725/2009
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Crl.A.725/2009
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transaction, the date on which the amount was allegedly borrowed, etc. are not stated in the complaint. Sufficient materials have not been placed in the case by the complainant to bring out the presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act.
In the result, this Criminal Appeal is dismissed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/07/10
// True Copy //
PA to Judge
3 issues framed by the court
Whether the lower appellate court correctly acquitted the accused of the offence under Section 138 of the Negotiable Instruments Act due to lack of compelling circumstances and insufficient material t
Whether the complainant established a credible loan transaction to support the cheque dishonour case.
Whether there is merit to appeal the acquittal order in cheque bounce case.
3 provisions across 1 enactments
K. Manoharan Thampi
T. Shanmugan
State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
