Allowed

Prasanth Kumar v. Satheeshkumar A.N

Kerala HC17 Sept 2018CRL.A/675/2017

Case brief

AI extract

What is this about?

The High Court allowed the appeal filing through special leave and set aside the acquittal order of the lower court. The court directed that the proceedings be relegated to the stage prior to acquittal, granting the accused another opportunity to contest the charge under Section 138 of the N.I. Act.

What did the court decide?

Appeal allowed; order dated 25.2.2017 acquitting the accused under Section 256(1) Cr.P.C. set aside; respondent to proceed with S.T. No. 957 of 2015.

Prasanth Kumar Vs Satheeshkumar A.N — 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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MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940

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CRL.A.No. 675 of 2017 IN Crl.L.P.. 227/2017

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AGAINST THE ORDER/JUDGMENT IN ST 957/2015 of SPL. ADDL. CHIEF JUDICIAL MAGISTRATE'S COURT,THRISSUR (SPL. COURT FOR DATED 25-02-2017)

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APPELLANT:

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PRASANTH KUMAR

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AGED 33,S/O.NARAYANAN NAIR, IRAVAKULANGARA HOUSE,KUMBLANGAD, WADAKANCHERY, THALAPPILLY TALUK,THRISSUR DISTRICT

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BY ADV. SRI.THIYYANNOOR RAMAKRISHNAN

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RESPONDENTS:

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1 SATHEESHKUMAR A.N AGED 36,S/O.NARAYANAN, THOPPIL HOUSE,KANJIRAKKODU P.O, KUMBLANGAD, NEAR PALLIMANA TEMPLE,WADAKANCHERY, TALAPPILLY TALUK, THRISSUR DISTRICT 680 590

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2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM 682 031

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R1 BY ADV. SRI.SUMODH MADHAVAN NAIR

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OTHER PRESENT:

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R2 BY SHRI E C BINEESH-PP

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.A.No. 675 of 2017

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JUDGMENT

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The appellant filed a complaint before the court below

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against the first respondent herein alleging offence under Scetion 138 of the Negotiable Instruments Act (for short 'the N.I. Act'). In the said case, the court below acquitted the accused under Section 256(1) Cr.P.C. as per order dated 25.2.2017, as the complainant was not present before the court below on that day, against which this appeal has been filed after obtaining special leave from this court.

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When this matter was taken up for hearing before this court on 29.8.2017, this court referred the parties for

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mediation. Even though the matter was allegedly settled as per the mediation agreement, the learned counsel for the

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appellant has submitted that the entire amount covered by

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CRL.A.No. 675 of 2017

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the mediation agreement is not yet paid. The entire amount should have been paid on or before 30.4.2018 as per the agreement. In view of the above reason, I am inclined to dispose of this appeal on merits.

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Heard.

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It appears that the case was originally posted to 5.12.2016. On that day, there was no sitting and hence, the case was adjourned to 21.12.2016. On that day also, there was no sitting and hence, the case was adjourned to 16.1.2017. On 16.1.2017, the complainant was represented and the case was posted to 30.1.2017 for the appearance of the accused. On 30.1.2017, there was no sitting and hence, the case was posted to 10.2.2017. On 10.2.2017 also, there was no sitting and hence, the case was adjourned to 25.2.2017. On 25.2.2017, the complainant was represented by his counsel. However, the court below acquitted the accused stating that the complainant was not present. Having gone through the relevant inputs, I am of

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CRL.A.No. 675 of 2017

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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 set aside the order impugned.

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In the result, this Appeal stands allowed, setting aside order dated 25.2.2017 in S.T.No.957 of 2015 passed by the court below acquitting the accused under Section 256(1) Cr.P.C. and the court below is directed to proceed with S.T.No.957 of 2015 in accordance with law. The proceedings of the court below shall stand relegated to the stage prior to the acquittal of the accused on 25.2.2017.

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The complainant and the accused shall appear before the court below on 16.10.2018 without further notice.

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Dated this the 17^th day of September 2018.

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B. SUDHEENDRA KUMAR, JUDGE .

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dl/ // True copy // PA to Judge

Prasanth Kumar v. Satheeshkumar A.N

Case brief

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Prasanth Kumar v. Satheeshkumar A.N

Case brief

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