Allowed

T.O.Varghese v. Geetha Babu

Kerala HC23 Jul 2019CRL.A/1631/2008

Case brief

AI extract

What is this about?

The appellant, originally the complainant in a cheque dishonour case, filed an appeal against his acquittal after not being given notice of a case transfer that kept him out of the court proceedings. Setting aside the acquittal, the court remanded the matter to the trial court for further hearing.

What did the court decide?

The appeal is allowed, the acquittal dated 17.05.2008 is set aside, and the trial court is directed to proceed with the complaint from the stage prior to the acquittal.

T.O.Varghese Vs Geetha Babu — Cheque Dishonour | Kerala HC (2019)

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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 23RD DAY OF JULY 2019 / 1ST SRAVANA, 1941

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CRL.A.No.1631 of 2008

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AGAINST THE ORDER/JUDGMENT IN CC 157/2007 of JUDICIAL MAGISTRATE OF FIRST CLASS -III(MOBILE COURT),EKM

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APPELLANT/S/COMPLAINANT:

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T.O.VARGHESE THELAPARAMBIL HOUSE,, MARADU.P.O, ERNAKULAM.

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BY ADV. SRI.E.M.MURUGAN

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RESPONDENT/S/ACCUSED:

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GEETHA BABU W/O. BABU THOMAS,, CC 41/2924, THAIPARAMBIL HOUSE,, THRIKANARVATTOM DESOM,, ERNAKULAM.

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 23.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.A.No.1631 of 2008

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JUDGMENT

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The appellant is the complainant in C.C.No.157 of 2007, on the files of the court below. The appellant filed a complaint against the respondent herein before the court below, alleging offence under Section 138 of the N.I.Act. The court below, as per order impugned, acquitted the accused on 17.05.2008 under Section 256(1) Cr.P.C, against which this appeal has been filed.

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Service is complete. However, there is no appearance for the respondent.

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Heard the learned Counsel for the appellant and the learned Public Prosecutor.

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The learned Counsel for the appellant has submitted that the original case number was C.C.No.1777 of 2004 and the said case was posted to 21.01.2007. On that

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CRL.A.No.1631 of 2008

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date, the case was not called. Thereafter, as per the proceedings dated 30.04.2007, the case was transferred to the court below, as per the order of the Chief Judicial Magistrate. The learned Counsel for the appellant has submitted that no notice was given to the appellant with regard to the transfer of the case. Since the case was not called on 21.01.2007 and the next date of posting was not shown in the A-Diary, the appellant could not get any information with regard to the transferring of the case on 30.04.2007. Having gone through the proceedings of the court below, I am satisfied that the above submission of the learned Counsel for the appellant appears to be correct. In the said circumstances, I am inclined to grant one more opportunity to the appellant to contest the matter on merits.

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CRL.A.No.1631 of 2008

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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 17.05.2008 passed by the court below acquitting the respondent under 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 17.05.2008.

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The appellant shall appear before the court below on 02.09.2019 without further notice.

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SD/-

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B.SUDHEENDRA KUMAR

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JUDGE

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RK/23.07.2019

T.O.Varghese v. Geetha Babu

Case brief

What is this about?

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T.O.Varghese v. Geetha Babu

Case brief

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