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KERALA HIGH COURT
V. Chitambaresh, J
Krishnankutty v. Ramani and Another
| Table of Content |
|---|
| 1. the nature of the complaint and its dismissal. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding the dismissal due to absence. (Para 7 , 8) |
| 3. legal provisions concerning the dismissal of complaints. (Para 10 , 11 , 12 , 14 , 16) |
| 4. clarification on appealability based on dismissal context. (Para 18 , 21) |
| 5. final direction to remit the case for fresh disposal. (Para 23 , 24 , 25) |
1. The order in S. T. No. 387 of 2004 on the file of the Judicial First Class Magistrate Court, Kattappana dated 09/02/2007 is under challenge in this appeal at the instance of the original complainant before the Magistrate Court. The respondents herein are the accused before the Court below as well as the State of Kerala represented by the Public Prosecutor.
2. The parties in this appeal will be referred herein as complainant and accused for convenience.
3. Facts: The complainant herein launched prosecution alleging commission of offence under S.138 of the Negotiable Instruments Act by the accused on the allegation that the cheque for Rs.2 lakh issued by the accused on 10/08/2003 for repayment of a legal enforceable debt was dishonoured for want of funds. Though the complainant issued demand no
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