Allowed

Kunjumon v. Shaji Yohannan

Kerala HC5 Mar 2024CRL.A/236/2024

Case brief

AI extract

What is this about?

Criminal Appeal against an acquittal of the accused in a cheque-bounce case. The High Court held that the acquittal due to non-appearance of the complainant was erroneous despite diligent prosecution and set aside the order, restoring the complaint for trial.

What did the court decide?

The acquittal order was set aside, the complaint restored to file, and the trial directed to be concluded within six months.

Kunjumon Vs Shaji Yohannan — Cheque Dishonour | Kerala HC (2024)

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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 K. BABU

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TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
CRL.A NO. 236 OF 2024

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AGAINST THE ORDER/JUDGMENT DATED IN Crl.L.P. NO.309 OF 2023 OF
HIGH COURT OF KERALA ARISING OUT OF THE ORDER/JUDGMENT DATED
17.03.2022 IN ST NO.531 OF 2019 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT - II, SASTHAMCOTTA

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APPELLANT:

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KUNJUMON

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AGED 65 YEARS
KEEZHALLOOR KIZHAKKATHIL HOUSE, PADINJATTAKIZHAKKU
MURI,SOORANADU NORTH VILLAGE, KUNNATHOOR. KOLLAM DIST.,
PIN - 690522
BY ADV T.R.RAJAN

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RESPONDENTS:

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1SHAJI YOHANNAN
AGED 55 YEARS
S/O YOHANNA, KAVIL PUTHEN HOUSE, PERUVELIKKARA,
SASTHAMCOTTAH VILLAGE, KUNNATHUR TALUK. KOLLAM
DISTRICT., PIN - 690540

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2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

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SRI.G.SUDHEER P.P

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.A NO. 236 OF 2024

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K.BABU, J.

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Crl.A.No.236 of 2024

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Dated this the 05^th day of March, 2024

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JUDGMENT

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The challenge in this appeal is to the judgment dated 17.03.2022 in S.T.No.531/2019 passed by the Judicial First Class Magistrate Court, Sasthamcotta (Temporary). The complainant is the appellant.

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The complainant filed a complaint alleging offence punishable under Section 138 of the Negotiable Instruments Act against respondent No.1 before the Judicial First Class Magistrate Court, Sasthamcotta. In the complaint, the complainant alleged that respondent No.1, the accused, issued a cheque for Rs.3,00,000/- (Rupees Three Lakhs Only) from his account maintained with the Federal Bank Ltd., Chavara Branch, Kollam and the same was dishonoured unpaid when presented for collection due to insufficient funds. The complainant issued a registered notice demanding the amount covered by the cheque.

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The accused failed to repay the amount. The

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CRL.A NO. 236 OF 2024

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appellant/complainant, thereafter, filed a complaint before the Judicial First Class Magistrate Court, Sasthamcotta, which is numbered as S.T No.531/2019.

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On 17.03.2022, the Judicial First Class Magistrate Court, Sasthamcotta acquitted the accused under Section 256(1) Cr.P.C on the ground that the complainant was absent and not represented.

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Heard the learned counsel for the appellant, the learned counsel appearing for respondent No.1 and the learned Public Prosecutor.

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The learned counsel for the appellant/complainant submitted that the appellant has been regularly prosecuting the matter. Even on 18.12.2021, the posting immediately before 17.03.2022, the complainant was present and ready for evidence.

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The learned counsel for the appellant further submitted that the advocate clerk attached to the office of the lawyer omitted to mention the date of posting and there was no laches on the part of the complainant.

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I have gone through the proceedings of the Trial Court.

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CRL.A NO. 236 OF 2024

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The complainant filed the complaint in 2019. He has been diligently prosecuting the matter. The proceedings of the Trial Court do not reflect that there was deliberate laches on the part of the appellant which resulted in his non-appearance on 17.03.2022.

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Notice was served on the party respondent. He did not

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turn up.

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Having considered the entire circumstances, this Court

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is of the view that the judgment acquitting the accused due to non-appearance of the complainant is liable to be set aside. In the result, the order dated 17.03.2022 acquitting the accused in S.T. No.531/2019 stands set aside. The complaint is restored to file. The Trial Court shall proceed with the trial of the matter and dispose of the same within a period of six months from the date of production of a certified copy of this judgment. The parties are directed to appear before the Court below on 08.04.2024.

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The Criminal Appeal is allowed as above.

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Sd/-

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K. BABU JUDGE

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saap

Kunjumon v. Shaji Yohannan

Case brief

What is this about?

What did the court decide?

Kunjumon v. Shaji Yohannan

Case brief

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