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Criminal · Reportable judgment

Christopher Raj vs K Vijayakumar

Court
Supreme Court of India
Date
5 July 2019
Case No.
Criminal Appeal Nos. 986-987 of 2019
Result
Allowed
Bench
R. Banumathi, A.S. Bopanna
Citation
[2019] 9 S.C.R. 61 : 2019 INSC 726
Supreme Court Reports [2019] 9 S.C.R. 61 : 2019 INSC 726
Headnote

Negotiable Instruments Act, 1881: s.138 – Insufficiency of funds – Dishonour of cheque – Trial court acquitted the appellantaccused – In appeal by complainant before High Court, there was no representation for the appellant-accused – Upon hearing the complainant, High Court set aside the order of acquittal and convicted appellant-accused under s.138 of the Act – On appeal, held: Admittedly, the appellant-accused did not appear in the criminal appeal before the High Court – When the accused did not enter appearance in the High Court, High Court should have issued second notice to him or taken an assistance of amicus curiae – High Court should not have decided the case on merits, without appointing any counsel as amicus curiae, moreso when the appellant had the benefit of acquittal – Therefore, High Court erred in reversing the acquittal without affording any opportunity to the appellant-accused or by appointing an amicus curiae to argue the matter on his behalf – Matter remitted to High Court for consideration afresh – Natural justice.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed by R. BANUMATHI, J. 1. Leave granted. 2. The appellant-accused has preferred these appeals challenging the orders passed by the High Court of Madras dated 06.07.2018 and 23.06.2018 in Crl. A (MD) No.608 of 2007, by which the High Court has reversed the acquittal of the appellant-accused and convicted him under Section 138 of the Negotiable Instruments Act and imposed a fine of Rs.60,000/- in default to undergo simple imprisonment for six months. 3. Brief facts which led to filing of these appeals are as follows:- The appellant-accused and the respondent-c
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