• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC

Latest News

Back

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC

Courtesy/By: Adv. Sanjeev Sirohi  |  22 Jul 2019     Views:225

It has to be remarked right at the outset before dwelling on other aspects that in a latest, landmark and laudable judgment titled Christopher Raj Vs K Vijayakumar in Criminal Appeal Nos. 986-987 of 2019 (Arising out of SLP (Crl.) Nos. 7717-7718 of 2018) delivered on July 5, 2019, the Supreme Court has observed that the High Court in a criminal appeal cannot reverse the acquittal without affording any opportunity of hearing to the accused or by appointing an amicus curiae to argue the matter on his behalf if he does not enter appearance. The Apex Court Bench found favour with the contention that in the absence of the counsel for the accused, the High Court should not have decided the appeal on merits. Very rightly so! In doing so, the Apex Court Bench has adhered to the legal maxim “audi alteram partem” which clearly means that, “listen to the other side” or “let the other side be heard as well”. It enunciates that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.

                                          To start with, the ball is set rolling first and foremost in para 1 of this landmark judgment authored by Justice R Banumathi for herself and Justice AS Bopanna by observing that, “Leave granted”. Para 2 then illustrates the reason for the appellant-accused preferring the appeal while stating that, “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.”

                          While stating the facts, it is then observed in para 3 that, “Brief facts which led to filing of these appeals are as follows:-

The appellant-accused and the respondent-complainant are friends. On 12.08.2001, the appellant-accused borrowed a sum of Rs. 30,000/- from the respondent-complainant. The appellant-accused has issued a post-dated cheque drawn on Kuzhithurai Canara Bank dated 04.09.2003 of Rs. 30,000/-.”

                                         Furthermore, it is then stated in para 4 that, “The respondent-complainant presented the cheque in his Co-operative Bank Account on 16.01.2004 for collection. However, the cheque was returned from the bank on 19.01.2004 due to insufficient funds. The respondent-complainant sent a statutory notice on 12.02.2004 to the appellant-accused. Thereafter, the respondent-complainant filed the complaint before the Judicial Magistrate No. 1, Kuzhithurai.”

                           Going forward, para 5 then spells out that, “In the trial court, PW-1 and PW-2 were examined and Exhibits P-1 to P-7 were marked. The appellant-accused has not adduced any evidence. Upon consideration of the evidence, the trial court held that the amount was borrowed in the year 2001 and the cheque was presented for collection after three years of borrowing the loan. The trial court took the view that the cheque was valid for six months and that the cheque was not presented within a period of six months from the date of payment of the amount and issuance of cheque. The trial court held that the charges levelled against the appellant-accused are not proved and on those findings, the trial court acquitted the appellant-accused.” 

                                  Not stopping here, it is then pointed out in para 6 that, “Being aggrieved, the respondent-complainant preferred appeal before the High Court. In the appeal so preferred by the respondent before the High Court, there was no representation for the appellant-accused. Upon hearing the respondent-complainant, the High Court held that the cheque was returned due to “insufficient funds” and not “as time barred cheque”. The High Court further found that the respondent-complainant has proved the statutory requirements and held that the findings of the trial court is erroneous. The High Court set aside the judgment of the trial court and convicted the appellant-accused 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. Being aggrieved, the appellant-accused is before us.”

                                   To put things in perspective, it is then held in para 7 by the Apex Court Bench that, “We have heard Mr. S Nagamuthu, learned senior counsel appearing on behalf of the appellant-accused. The learned senior counsel appearing on behalf of the appellant has drawn our attention to the judgment in K.S. Panduranga vs. State of Karnataka (2013) 3 SCC 721 and submitted that in the absence of the counsel for the appellant-accused, the High Court should not have decided the appeal on merits and prayed for remitting the matter to the High Court for fresh consideration on merits.”

                                      Moving on, it is then observed in para 8 that, “The respondent-complainant though served, has not entered appearance in this appeal. The Supreme Court Legal Services Committee has nominated Col. Pahlad Singh Sharma, Advocate to appear and argue on behalf of the respondent. We have heard Col. Pahlad Singh Sharma appearing on behalf of the respondent-complainant and perused the impugned judgment and other materials on record.”

                                 More significantly, it is then held in para 9 without mincing any words that, “Admittedly, the appellant-accused did not appear in the criminal appeal before the High Court. When the accused has not entered  appearance in the High Court, in our view, the High Court should have issued second notice to the appellant-accused or the High Court Legal Services Committee to appoint an advocate or the High Court could have taken the assistance of amicus curiae. When the accused was not represented, without appointing any counsel as amicus curiae to defend the accused, the High Court ought not to have decided the criminal appeal on merits; more so, when the appellant-accused had the benefit of acquittal. The 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.”

                                       What’s more, it is then held in para 10 that, “In the result, the impugned orders of the High Court in Crl.A. (MD) No. 608 of 2007 dated 06.07.2018 and 23.06.2018 are set aside and these appeals are allowed and the Criminal Appeal (MD) No. 608 of 2007 shall stand restored. The matter is remitted to the Madurai Bench of Madras High Court to consider the matter afresh. The appellant shall appear before the Madurai Bench of Madras High Court on 26.08.2019. The High Court shall issue notice to the respondent-complainant viz. K. Vijayakumar informing him about the date of hearing.”

                                 To conclude, it is then finally held in para 11 that, “The High Court shall afford sufficient opportunity to both parties and decide the matter afresh in accordance with law. We make it clear that we have not expressed any opinion on the merits of the matter.”

                                       All said and done, this noteworthy and latest judgment delivered by the Apex Court has served to sent out a very loud and clear message to all the High Courts in our country. It has minced no words in holding clearly, categorically and convincingly that the High Court erred in reversing the acquittal without affording an opportunity to the appellant-accused or by appointing an amicus curiae to argue the matter on this behalf. No doubt, before affording the order of acquittal, the least the High Court ought to have done was to afford an opportunity to the appellant-accused to present his version or ought to have appointed an amicus curiae to argue the matter on his behalf but the High Court did none of the above! This alone explains why the Supreme Court Bench in this notable case found favour with the contention of the appellant-accused and therefore set aside the order and remitted the matter to the High Court to decide the matter afresh in accordance with law!   


Courtesy/By: Adv. Sanjeev Sirohi  |  22 Jul 2019     Views:225

News Updates

The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:6190
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:5605
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:5583
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:5380
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:5403
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:5054
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:5418
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:5410
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:5531
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:5713
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:5423
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:5388
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:5340
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:5464
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:5414
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:5747
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:5573
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:6419
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:5537
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:5881
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:5781
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:5968
World Health Assembly Revises International Health...
21 Jul 2024     Views:5821
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:5932
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:5724
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:9123
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:7656
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:7695
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:7486
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:8459
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:7793
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:6327
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:7113
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:6372
Exploring the Differences between the US and India...
29 Jun 2023     Views:6377
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:6631
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:6323
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:6305
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:6352
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:6323
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:6677
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:6171
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:6203
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:6649
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:6851
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:6425
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:6861
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:8855
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:6856
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:6522
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:12186
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:6236
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:7098
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:6668
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:6378
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:6607
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:6242
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:6695
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:6362
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:6807
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:7028
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:7261
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:11144
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:6458
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:6326
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:7464
ADR mechanism of legal adjudication in India...
15 May 2023     Views:6173
Validity of foreign arbitral award in India throug...
14 May 2023     Views:6184
Scope of Section 151 CPC...
13 May 2023     Views:7770
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:6714
Scope of Decree under CPC...
10 May 2023     Views:6261
Legal development of Arbitration Laws in India....
09 May 2023     Views:6304
Arbitration Laws in India...
07 May 2023     Views:6254
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:8355
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:6538
Same-Sex Marriage in India...
30 Apr 2023     Views:6173
National Commission for Women...
27 Apr 2023     Views:6026
Law making process of India....
26 Apr 2023     Views:7116
Bail Provisions in India...
25 Apr 2023     Views:6050
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:6470
Contempt of Court...
23 Apr 2023     Views:6306
The collegium system of Judiciary in India....
22 Apr 2023     Views:5991
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:5982
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:6148
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:8587
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:7195
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:6265
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:5979
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:6193
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:5750
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:5976
Law should take into consideration realities of co...
10 Apr 2023     Views:5803
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:6407
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:6528
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:6254
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:6728
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:6036
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:6175
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:6767
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:6504
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:96487
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:74070
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:71483
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:70622
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:59991
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.