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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
JOSEPH D'CRUZ @ MOSES – Appellant
Versus
A. PRAJIN BABU – Respondent
| Table of Content |
|---|
| 1. criminal leave petition filed under section 419(4) regarding an acquittal. (Para 1) |
| 2. judicial guidance on filing an appeal following precedence. (Para 2) |
| 3. determination to return the petition with instructions for future appeal. (Para 3) |
ORDER
Dated, this the 18th day of March, 2026 This criminal leave petition has been filed under Section 419 (4) of the Bharatiya Nagarik Suraksha Sanhita , 2023, at the instance of the complainant in C.C No. 1810/2014, on the files of the Special Court of Judicial Magistrate of the First Class, for the trial of cases under Section 138 of N.I. Act, 1881, Thiruvananthapuram, seeking leave of this Court to file appeal challenging the judgment of acquittal in the above case dated
21.12.2024.
2. In view of the judgment of the Hon'ble Supreme Court in Celestium Financial v. A. Gnanasekaran etc., reported in [2025 (4) KHC 189] , which was followed in the decision of this Court in Soumya Gopal v. State of Kerala reported in [2026 KHC Online 24], this leave petition required to be returned to the leave petitioner with liberty to file appeal before the Sessions Court concerned, with the aid of proviso to Section 413 of the Bharatiya Naga
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