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Kerala High Court

Kunhammad. M vs K. Vijayakumar on 27 December, 2014

Author: P.Ubaid

Bench: P.Ubaid

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                      PRESENT:

                               THE HONOURABLE MR. JUSTICE P.UBAID

             THURSDAY, THE 11TH DAY OF FEBRUARY 2016/22ND MAGHA, 1937

                                              Crl.L.P..No. 36 of 2016
                                              ------------------------------

                  ST 10/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
                                          PAYYOLI DATED 27-12-2014
                                                     ----------------

PETITIONER(S)/COMPLAINANT:
---------------------------------------------

            KUNHAMMAD. M, AGED 50 YEARS,
            S/O.ABDULLA HAJI, MUNDIYETH HOUSE,
            P.O. PAYYOLI ANGADI-673 523, KOYILANDY TALUK,
            KOZHIKODE DISTRICT, KERALA.

            BY ADV. SMT.K.LASITHA

RESPONDENT(S)/ACCUSED & STATE:
------------------------------------------------------

        1. K. VIJAYAKUMAR,
            B-55, ARAMANA, BANGLAPARAMB COLONY,
            KANJIKODE P.O.678 621, PALAKKAD DISTRICT..

        2. STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM.

            R1 BY ADV. SRI.ZUBAIR PULIKKOOL
            R2 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB


            THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR ADMISSION
            ON 11-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


PJ



                                  P.UBAID, J.
          ============================
                     Crl.L.P.No.36 of 2016
          ============================

              Dated this the 11th day of February, 2016


                                 ORDER

Heard.

The petitioner has a case to be argued in appeal regarding the findings of the trial court on the original transaction that led to the issuance of the cheque in dispute, and also the consideration alleged for the cheque. Hence, the petition is allowed. The petitioner is granted leave to file appeal against the judgment of acquittal of the Judicial First Class Magistrate Court, Payyoli in S.T.No.10 of 2013.

Sd/-

P.UBAID JUDGE rkj //TRUE COPY// P.A. TO JUDGE