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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
M/S.RELIANT CREDITS (INDIA) LTD – Appellant
Versus
AJITHA ANTONY – Respondent
| Table of Content |
|---|
| 1. background of the case and complainant's absence. (Para 1 , 2 , 3 , 4) |
| 2. engagement of legal counsel and representation. (Para 5) |
| 3. court's discretion in acquittal orders. (Para 6 , 8) |
| 4. guidance from precedent on procedural integrity. (Para 7) |
| 5. final order condemning previous acquittal and remand. (Para 9) |
JUDGMENT
This appeal is filed against an order of acquittal of the accused in S.T.No.664/2020 on the files of the Judicial First Class Magistrate Court-II, Kothamangalam. Parties are referred to as they were in the impugned judgment, the appellant being referred as the complainant and the first respondent as the accused.
2. By the impugned order dated 12.12.2024, the learned Magistrate has dismissed the complaint under Section 256 Cr.P.C. (sic).
3. The appellant was the complainant in the aforementioned case. The complaint was filed alleging dishonour of a cheque No.64239 dated 29.12.2018 drawn on the Axis Bank, Thrippunithura Branch, for an amount of Rs.13,63,000/-.
4. Though the case was posted before the trial court for evidence on
23.08.2022, the complainant did not appear to give evidence. Despite repeated adjournments, the complainant failed to adduce evid
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