Cardamom County Parks & Hotels (P) Ltd. v. K. A. Ansari and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(Online)(Ker) 38199

KERALA HIGH COURT
, J
Cardamom County Parks & Hotels (P) Ltd. v. K. A. Ansari and Another

Advocates:
For the Appellants/Petitioners:[Counsel for petitioner]
For the Respondents: [Counsel for accused]

Table of Content
1. challenge against order of acquittal due to alleged criminal breach of trust. (Para 1 , 2)
2. accused's defence relied on personal vendetta after a theft complaint. (Para 3 , 4)
3. arguments presented highlighting errors in the acquittal decision. (Para 5 , 6 , 7)
4. court's assessment of previous evidence and legal principles leads to conclusion. (Para 8 , 9)
5. remand for fresh disposal with observance of legal standards. (Para 10)

1. Challenge in the revision is against the order of acquittal rendered in favour of the accused / 1st respondent in CC No. 630/06 by the learned Judicial Magistrate of the First Class - III, Kottayam. The de facto complainant, a company represented by its Director is the revision petitioner. The accused was prosecuted for offences under S.406, S.420 and S.468 of the Indian Penal Code (for short ' IPC '), on a report filed by the Sub Inspector of Police, Kottayam West Police Station. After trial, the learned Magistrate, holding that the prosecution has failed to establish the guilt of the accused for the offences charged ordered his acquittal. Propriety, legality and correctness of that order is assailed in this revision.

2. Short facts ne