M.V.Joseph vs Chacko Devasia

Type Court Judgment Court Kerala Decided Sep 18, 2023

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https://sooperkanoon.com/case/1338212

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Citation: sooperkanoon.com/1338212
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Sep 18, 2023
Case Number: CRL.A/1041/2006

Parties & Advocates

Appellant / Petitioner

M.V.Joseph

Respondent

Chacko Devasia

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan monday, the 18th day of september 2023 / 27th bhadra, 1945 against the judgment dated 31.01.2005 in crl.a.no. 396/2004 of additional district and sessions court (adhoc -iii), kollamc.c.no. 869/02 of judicial first class magistrate court-1, punalur petitioner/1st respondent/complainant: m.v.joseph malekkunnel, aryankavu p.o., kollam. by adv sri.s.muhammed haneeff respondents/appeallant & 2nd respondent/accused: 1 chacko devassia, kaithamattom ,urukkunnu p.o., kollam district. 2 state of kerala,represented by public prosecutor, high court of kerala, ernakulam. r1 by adv. sri.m.s.unnikrishnan r2 by adv. sri.c.n.prabhakaran, sr. public prosecutor this criminal appeal having come up for hearing on 18.09.2023, the court on the same day delivered the following:judgmentthe appeal is by the complainant against theorder of acquittal in proceedings under section138 of the negotiable instruments act. during the pendency of the appeal, the complainant passed away. nobody came up to continue the appeal in the place of the original appellant. the time available for impleading is also elapsed. hence, the appeal stood abated. the appeal is dismissed as abated. sd/- p.somarajan judge spv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945 AGAINST THE JUDGMENT DATED 31.01.2005 IN CRL.A.NO. 396/2004 OF ADDITIONAL DISTRICT AND SESSIONS COURT (ADHOC -III), KOLLAM
C.C.NO. 869/02 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, PUNALUR PETITIONER/1ST RESPONDENT/COMPLAINANT: M.V.JOSEPH MALEKKUNNEL, ARYANKAVU P.O., KOLLAM. BY ADV SRI.S.MUHAMMED HANEEFF RESPONDENTS/APPEALLANT & 2ND RESPONDENT/ACCUSED: 1 CHACKO DEVASSIA, KAITHAMATTOM ,URUKKUNNU P.O., KOLLAM DISTRICT. 2 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.M.S.UNNIKRISHNAN R2 BY ADV. SRI.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING ON 18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The appeal is by the complainant against the

order of acquittal in proceedings under Section

138 of the Negotiable Instruments Act. During the pendency of the appeal, the complainant passed away. Nobody came up to continue the appeal in the place of the original appellant. The time available for impleading is also elapsed. Hence, the appeal stood abated. The appeal is dismissed as abated. Sd/- P.SOMARAJAN JUDGE SPV

Same Court & Year Kerala · 2023 Same Parties M.V.Joseph vs Chacko Devasia Same Judge Honourable Mr. Justice P.Somarajan