The High Court allowed the appeal and set aside the trial court's acquittal of the accused under Section 256 Cr.P.C. (N.I. Act. Section 138), ruling that the complainant should be granted an opportunity to contest the matter on merits.
Set aside acquittal order dated 25-4-2015 and remanded proceedings to trial court to ascertain facts.
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.SUDHEENDRA KUMAR
MONDAY,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940
CRL.A.No. 884 of 2015
AGAINST THE ORDERIN ST 3633/2011 of ADDL.C.J.M.,TRIVANDRUM
APPELLANT/S:
B.VENKITA NARAYANAN
S/O.LATE N. BALAKRISHNA REDDIAR, T.C 18/896(1) SREERANJINI,ARAMADA, KUNNAPUZHA, THIRUVANANTHAPRUAM
BY ADV. SRI.P.V.ANIL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 682 031
2 S SELVARAJ S/O. SURALICHAMY, ASSISTANT GR 1(T),FOOD CORPORATION OF INDIA, FSD KAZHAKUTTOM, THIRUVANANTHAPURAM,RESIDING AT T.C 21/1897(3),ERA 548,MAKAYEERAM, ELANKOM ROAD, NEDUNGADU, THIRUVANANTHAPRUAM 695 307
BY ADVS.
SMT.A.SALINI LAL SRI.R.SUNIL KUMAR
OTHER PRESENT:
E C BINEESH-PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The appellant is the complainant in S.T. No. 3633 of 2011 on the files of the court below. The appellant filed a complaint before the court below against the 2nd respondent herein
CRL.A.No. 884 of 2015
-2-
alleging offence under Section 138 of the N.I.Act. The court below as per order dated 25-4-2015 acquitted the accused under Section 256 (1) Cr.P.C. on the ground that the complainant had no representation before the Court. Against the said order, this Appeal has been filed after obtaining Special Leave from this Court.
CRL.A.No. 884 of 2015
-3-
recording the plea of the accused, the case came up for consideration before the court only on 25-4-2015. On that day, the complainant had no representation.
In the result, this appeal stands allowed, setting aside the order dated 25-4-2015 passed by the court below acquitting the accused under Section 256 (1) Cr.P.C. in S.T.No. 3633 of 2011 and the court below is directed to dispose of S.T.No. 3633 of 2011 in accordance with law. The proceedings of the court below shall stand relegated to the stage prior to the acquittal of the accused on 25-4-2015.
The parties shall appear before the court below on 16-102018 without further notice.
Dated this the 17th day of September, 2018.
Sd/- B.SUDHEENDRA KUMAR, Judge
ani/
/true copy/
1 issue framed by the court
Whether the complaintant was entitled to contest the trial on merits after the court below acquitted the accused for failure of representation.
B. Venkita Narayanana
State of Kerala
S. Selvaraj
B. Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
