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A.R.MATHEVAN PILLAI versus STATE OF KERALA

High Court of Kerala

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A.R.MATHEVAN PILLAI v. STATE OF KERALA - CRL A No. 392 of 1999 [2006] RD-KL 2603 (6 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 392 of 1999()

1. A.R.MATHEVAN PILLAI
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.D.KISHORE

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.B.KOSHY

Dated :06/12/2006

O R D E R

J.B. KOSHY, J.

CRL.APPEAL No. 392 of 1999

Dated this the 8th day of December, 2006

Judgment This appeal is filed by the complainant against acquittal of the accused under section 256 (1) of the Code of Criminal Procedure. Contention of the appellant was that first respondent issued a cheque for Rs.18,000/-, but, on presenting the cheque, it was dishonoured for insufficiency of funds. According to him, after statutory formalities, he filed the complaint. Sworn-in statement of the petitioner was taken and the case was posted to 29.1.1999 for appearance of the accused. In earlier postings, accused was absent and non-bailable warrant was issued. However, on 29.1.1999, since the complainant was not present, the complaint was rejected and accused was acquitted rejecting the application for exemption. The acquittal of the accused was before appearance of the accused before the court. When accused was not present, presence of the complainant was not absolutely necessary. Even though trial court has got power to acquit the accused on the absence of the complainant, it cannot be done mechanically. Crl.A.No.392/99 2 Notice given by this court was also evaded by the respondent. In these circumstances, the impugned order acquitting the accused is set aside and the matter is remanded for continuing the proceedings. Fresh steps should be taken for production of the accused before the trial court and the court below shall proceed with the case according to law. Parties shall appear before the court on 12.1.2007. The appeal is allowed by way of remand. J.B.KOSHY

JUDGE

vaa

J.B. KOSHY, J.

CRL.APPEAL No.392/99 Judgment

Dated:8th December, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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