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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
ANISH K. THOMAS – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. summary of case facts and procedural context. (Para 1 , 2) |
| 2. court's observations on procedural fairness and trial rights. (Para 3 , 6) |
| 3. arguments regarding the right to defense and intentions of the petitioner. (Para 4 , 5) |
ORDER
Dated this the 08th day of January, 2026 The petitioner is the accused in S.T.Nos.18/2019, 465/2019 and 12/2020 on the file of the Court of the Judicial First Class Magistrate-IV, Kollam (‘Trial Court’, in short), which have been filed by the 1st respondent alleging that the petitioner has committed the offence punishable under Section 138 of the Negotiable Instruments Act , 1881 (‘Act’, in short). All the complaints have been consolidated and are being jointly tried.
2. The petitioner states that, the 1st respondent and two witnesses were examined to prove the case. After that the case was posted for recording the statement of the petitioner under Section 313 Cr.P.C. Subsequently, the case was adjourned for defence evidence. Although the petitioner filed an application under Section 315 Cr.P.C. along with the witness list, to adduce the defence evidence and the same being allowed, as there was no sitting in the Trial Court, the case
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