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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
RAJAN JOHN – Appellant
Versus
JINU.K.NINAN – Respondent
| Table of Content |
|---|
| 1. review of acquittal order. (Para 1 , 2) |
| 2. complaint details and dishonor of cheque. (Para 3 , 4) |
| 3. judicial discretion in acquittal. (Para 6 , 7 , 9) |
| 4. deterrent effect of representation on court attendance. (Para 8) |
| 5. remand for fresh trial. (Para 10) |
JUDGMENT
This appeal is filed against an order of acquittal of the accused in S.T.No.52/2017 on the files of the Judicial First Class Magistrate Court-II, Thiruvalla. Parties are referred to as they were in the impugned order, the appellant being referred to as the complainant and the first respondent as the accused.
2. By the impugned order dated 27.04.2022, the accused was acquitted under Section 256 Cr.P.C., due to non-appearance of the complainant.
3. The appellant was the complainant in the aforementioned case. The complaint was filed alleging dishonour of cheque No.520625 dated 15.07.2013 drawn on South Indian Bank, Mallappally West Branch, for an amount of Rs.5,00,000/-.
4. The complainant alleged that the accused had issued a cheque in discharge of a liability of Rs.5,00,000/- which was dishonored when presented for encashment, with the memo "funds insufficient. After complying with the statutory formalities,
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