Allowed

Jyothis Jean Jacob v. Mini M.B

Kerala HC13 Mar 2018CRL.A/463/2017

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the criminal appeal against an acquittal under Section 138 of the Negotiable Instruments Act. The acquittal was based on the complainant's absence due to a date error. The Court set aside the acquittal and remanded the matter for further proceedings.

What did the court decide?

The appeal was allowed; the acquittal order was set aside; the matter was remanded to the stage prior to acquittal.

Jyothis Jean Jacob Vs Mini M.B — Cheque Dishonour | Kerala HC (2018)

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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.SUDHEENDRA KUMAR

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TUESDAY, THE 13TH DAY OF MARCH 2018 / 22ND PHALGUNA, 1939

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CRL.A.No. 463 of 2017

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S.T.48/2017 OF JFCM-III, CHERTHALA

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APPELLANT/COMPLAINANT

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JYOTHIS JEAN JACOB S/O. VICTOR FELIX, KURISHINKAL HOUSE, THYKKAL P.O., CHERTHALA.

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BY ADVS.SRI.C.K.SAJEEV SRI.P.J.JOSEPH

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RESPONDENTS/ACCUSED & STATE:

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MINI M.B

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W/O. MADHUSOODANAN NAIR,

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NANDANAM, NEAR TO SASTHA JUNCTION, C.M.C-VIII,

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CHERTHALA P.O., CHERTHALA - 688 524.

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STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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R1 BY ADV. SRI.B.PRAMOD

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R2 BY PUBLIC PROSECUTOR, SHRI E C BINEESH

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.SUDHEENDRA KUMAR, J.

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Crl. Appeal No. 463 of 2017

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- - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 13^th day of March 2018

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J U D G M E N T

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The appellant is the complainant in S.T. No.48 of 2017 on the files of the court of the Judicial Magistrate of First Class - III, Cherthala. The appellant filed a complaint under Section 138 of the Negotiable Instruments Act against the first respondent herein before the court below.

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On 10.3.2017, when the case was called, the appellant was not present. There was also no representation for the appellant before the court below. Therefore, the accused was acquitted by the court below under Section 256(1) Cr.P.C., against which this appeal has been filed, after obtaining special leave from this court.

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Crl.A.No. 463/17

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-: 2 :-

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It is stated in the memorandum of appeal that the appellant was diligently prosecuting the case till it was made over to the court of the Judicial Magistrate of First Class - III, Cherthala during January 2017. However, thereafter, due to an inadvertent mistake, the date of posting was noted as 14.3.2017 instead of 10.3.2017 and in the said circumstances, when the case was called, there was no representation for the appellant before the court below. Having gone through the relevant inputs, I am of the view that it is only just and proper to grant one more opportunity to the appellant to contest the matter on merits. For the said reason, I am inclined to allow this appeal.

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In the result, this appeal stands allowed, setting aside order dated 10.3.2017 in S.T. No.48 of 2017 passed by the court below acquitting the accused under

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Crl.A.No. 463/17

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-: 3 :-

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Section 256(1) Cr.P.C., and the court below is directed to proceed with the complaint in accordance with law. The proceedings of the court below shall stand relegated to the stage prior to the acquittal of the accused on 10.3.2017. The parties shall appear before the court below on 31.5.2018.

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B.SUDHEENDRA KUMAR, JUDGE

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dl/14.3.18

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// True copy // PA to Judge

Jyothis Jean Jacob v. Mini M.B

Case brief

What is this about?

What did the court decide?

Jyothis Jean Jacob v. Mini M.B

Case brief

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What did the court decide?

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