Judgment · High Court · 2007
Case at a glance
Outcome
Allowed
Criminal Appeal is allowed as above
Provisions considered
Key paragraphs
- Para 66. The learned Magistrate shall dispose of the case, at the earliest, and in any case, within five months from the date of appearance of the parties, as per the law. Criminal Appeal is allowed as above. J.M. JAMES, JUDGE nj.
Judgment
CRL.A.No. 45 of 2006(B) ----------------------- CC.566/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... APPELLANT: COMPLAINANT: -------------- AMMANKOL KUNHAMBU, AMMANKOVIL HOUSE, PUZHAKULANGARA, TALIPARAMBA AMSOM DESOM, P.O. TALIPARAMBA, DISTRICT KANNUR. BY ADV. SMT.VIDHYA. A.C RESPONDENTS: ACCUSED: ----------------- T.E. SOMASEKHARAN, ISHRAYA FLOOR MILL, KANHIRANGAD, P.O. KANHIRANGAD, TALIPARAMBA TALUK, DISTRICT KANNUR. BY ADV. SRI.SERGI JOSEPH THOMAS PUBLIC PROSECUTOR SRI.THOMAS JOHN AMBOOKEN. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.M. JAMES, J. ------------------------------- Criminal Appeal No. 45 of 2006 ------------------------------- Dated this the 30th March, 2007. J U D G M E N T The complainant in C.C.No.566 of 2003, on the file of the Judicial First Class Magistrate Court, Taliparamba, is the appellant. The complaint preferred by him under Section 138 of the Negotiable Instruments Act, was dismissed, due to the absence of the complainant, and the accused acquitted. Hence this appeal on obtaining leave of this Court.
#2. When the case was taken up before the court below on 28.9.2005, the complainant could not be present, as the uncle of the complainant's daughter in law died at Thrikkaripur, and was attending the funeral. However, he was attempting to return to the court. Meanwhile, the complaint was dismissed.
#3. I have heard the arguments advanced by the learned counsel appearing for the appellant, as well as the counsel for the respondent, accused. Crl.A.No. 2
#4. Considering the circumstances of the case and the facts that are pleaded, as well as submitted, I set aside the impugned order, dated 28.9.2005, and restore C.C.No.566/2003 to the file of the Judicial First Class Magistrate Court, Taliparamba.
#5. The parties shall appear before the court below on
8.5.2007.
#6. The learned Magistrate shall dispose of the case, at the earliest, and in any case, within five months from the date of appearance of the parties, as per the law. Criminal Appeal is allowed as above. J.M. JAMES, JUDGE nj.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Criminal Appeal is allowed as above
Which statutory provisions did this judgment involve?
Negotiable Instruments Act, 1881 — s. 138.
Which court decided this case, and when?
Kerala High Court, on 30 Mar 2007. The bench was M JAMES.
Precedent status how later indexed judgments have treated this case
No treatment data yet for this judgment in the Courts & Cases corpus.
Absence of data is not a statement about the judgment’s standing — the corpus covers only judgments we index and link with cited evidence.