B.Radhakrishnan vs Thomas Kutty

Type Court Judgment Court Kerala Decided Jan 24, 2024

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https://sooperkanoon.com/case/1314443

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Citation: sooperkanoon.com/1314443
Court: Kerala High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: Jan 24, 2024
Case Number: Crl.L.P./612/2023

Parties & Advocates

Appellant / Petitioner

B.Radhakrishnan

Respondent

Thomas Kutty

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice k. babu wednesday, the 24th day of january 2024 / 4th magha, 1945 against the order/judgment in st 10014/2015 of judicial first class magistrate court(temporary), paravur petitioner/complainant: b.radhakrishnan aged 70 years s/o balakrishnan, radhakrishnavilasam, edavattom, chirakkara, kalluvathukkal p o, kollam village, pin - 691578 by advs. p.sivaraj megha.m.s. m.mehar farsana respondents/accused: 1 thomas kutty s/o yohannan, st. thomas house, varinjam, chathannoor, kollam, pin - 691572 2 state of kerala represented by public prosecutor, high court of kerala, ernakulam, pin - 682031 sri. g. sudheer - pp this criminal leave petition having come up for admission on 24.01.2024, the court on the same day delivered the following:k.babu, j.crl.l.p.no.612 of 2023 dated this the 24th day of january, 2024orderheard the learned counsel for the petitioner. the petitioner challenges the judgment acquitting the accused of the offence under sec.138 of the ni act in s.t.no.10014/2015 on the files of the judicial first class magistrate court, (temporary), paravur.2. the learned counsel for the petitioner submits thatthe petitioner has established the execution of the cheque by the accused. the materials on record disclose deeper scrutiny and re-appreciation, review and reconsideration of the evidence. therefore, the petitioner is granted leave to appeal. sd/- k.babu, judge lu

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 AGAINST THE ORDER/JUDGMENT IN ST 10014/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT(TEMPORARY), PARAVUR PETITIONER/COMPLAINANT: B.RADHAKRISHNAN AGED 70 YEARS S/O BALAKRISHNAN, RADHAKRISHNAVILASAM, EDAVATTOM, CHIRAKKARA, KALLUVATHUKKAL P O, KOLLAM VILLAGE, PIN - 691578 BY ADVS. P.SIVARAJ MEGHA.M.S. M.MEHAR FARSANA RESPONDENTS/ACCUSED: 1 THOMAS KUTTY S/O YOHANNAN, ST. THOMAS HOUSE, VARINJAM, CHATHANNOOR, KOLLAM, PIN - 691572 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SRI. G. SUDHEER - PP THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.BABU, J.
Crl.L.P.No.612 of 2023 Dated this the 24th day of January, 2024

ORDER

Heard the learned counsel for the petitioner. The petitioner challenges the judgment acquitting the accused of the offence under Sec.138 of the NI Act in S.T.No.10014/2015 on the files of the Judicial First Class Magistrate Court, (Temporary), Paravur.

2. The learned counsel for the petitioner submits that

the petitioner has established the execution of the cheque by the accused. The materials on record disclose deeper scrutiny and re-appreciation, review and reconsideration of the evidence. Therefore, the petitioner is granted leave to appeal. Sd/- K.BABU, JUDGE LU

Same Court & Year Kerala · 2024 Same Parties B.Radhakrishnan vs Thomas Kutty Same Judge Honourable Mr.Justice K. Babu