K.J.Xavier vs E.V.Thomas

Type Court Judgment Court Kerala Decided Jan 12, 2024

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Citation: sooperkanoon.com/1288484
Court: Kerala High Court
Judge: Honourable Mr.Justice P.G. Ajithkumar
Decided On: Jan 12, 2024
Case Number: CRL.A/448/2006
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

K.J.Xavier

Respondent

E.V.Thomas

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice p.g. ajithkumar friday, the 12th day of january 2024 / 22nd pousha, 1945 crl.a no. 448 of 2006 against the judgment dated 06.10.2005 in cc 1573/2000 of judicial magistrate of first class-i, ernakulam appellant: k.j.xavier, kaniyakkodathu house, sankaranandashramam road, ayyappankavu road,, kochi 682 018. by adv sri.alexander peter respondents: 1 e.v.thomas proprietor, c fines and suit makers, opp.varkey bakery, near seematty, m.g.road, ernakulam, residing at kithalaparambu, parambithara road, kochi -15. 2 state of kerala, represented by the public prosecutor, high court of kerala, ernakulam. by advs. public prosecutor-seena c. s.nirmal kumar this criminal appeal having come up for admission on 12.01.2024, the court on the same day delivered the following: crl. appeal no.448 of 2006judgmentdated this the 12th day of january, 2024this is an appeal filed under section 378(4) of the code of criminal procedure, 1973. the 1st respondent is the accused in c.c. no.1573/2000. he was acquitted by the judicial magistrate of the first class-i, ernakulam of the offence under section 138 of the negotiable instruments act, 1881. the learned amicus curiae appearing for the appellant/complainant would submit that the 1 st respondent expired. that fact is affirmed by the learned public prosecutor also. since, the 1st respondent/accused expired and the appeal is one filed one under section 378 of the code, the appeal is abated as provided under section 394 of the code. hence, this appeal is dismissed as abated.sd/- p.g.ajithkumar judge smf

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945 CRL.A NO. 448 OF 2006 AGAINST THE JUDGMENT DATED 06.10.2005 IN CC 1573/2000 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, ERNAKULAM APPELLANT: K.J.XAVIER, KANIYAKKODATHU HOUSE, SANKARANANDASHRAMAM ROAD, AYYAPPANKAVU ROAD,, KOCHI 682 018. BY ADV SRI.ALEXANDER PETER RESPONDENTS: 1 E.V.THOMAS PROPRIETOR, C FINES AND SUIT MAKERS, OPP.VARKEY BAKERY, NEAR SEEMATTY, M.G.ROAD, ERNAKULAM, RESIDING AT KITHALAPARAMBU, PARAMBITHARA ROAD, KOCHI -15. 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADVS. PUBLIC PROSECUTOR-SEENA C. S.NIRMAL KUMAR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 12.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Crl. Appeal No.448 of 2006

JUDGMENT

Dated this the 12th day of January, 2024

This is an appeal filed under Section 378(4) of the Code of Criminal Procedure, 1973. The 1st respondent is the accused in C.C. No.1573/2000. He was acquitted by the Judicial Magistrate of the First Class-I, Ernakulam of the offence under Section 138 of the Negotiable Instruments Act, 1881. The learned Amicus Curiae appearing for the appellant/complainant would submit that the 1 st respondent expired. That fact is affirmed by the learned Public Prosecutor also. Since, the 1st respondent/accused expired and the appeal is one filed one under Section 378 of the Code, the appeal is abated as provided under Section 394 of the Code. Hence, this appeal is dismissed as abated.

Sd/- P.G.AJITHKUMAR JUDGE SMF

Same Court & Year Kerala · 2024 Same Parties K.J.Xavier vs E.V.Thomas Same Subject Land Acquisition Same Judge Honourable Mr.Justice P.G. Ajithkumar