K.Balakrishnan v. P.a.Sadhasivan
Case brief
What is this about?
An appeal against an acquittal for an offence under Section 138 of the Negotiable Instruments Act. The court observed that since the respondent-accused died, the charge abated, and the appeal was closed without further consideration.
What did the court decide?
The appeal was closed as the charge abated due to the death of the respondent-accused.
What the court decided
A compact analysis
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 P.G. AJITHKUMAR
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
CRL.A NO. 1298 OF 2007
SPECIAL LEAVE GRANTED IN CRL.LEAVE PETITION NO.404/07 ON 26/06/07 TO PREFER APPEAL AGAINST THE ORDER IN
S.T.NO.393/04 ON THE FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-III, KOCHI
APPELLANT/COMPLAINANT:
K.BALAKRISHNAN
S/O.RAMAN NAIR, AGED 54 YEARS, MADATHIL PARAMBIL HOUSE, KOTHENELLOOR P.O.,, KOTTAYAM.
Issues for consideration
1 issue framed by the court
Whether a criminal appeal should proceed when the respondent-accused has died during the pendency of the appeal.
Parties & counsel
- appellant
K.Balakrishnan
- respondent
P.A. Sadhasivan
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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