Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2019 (7) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (7) TMI 242 - SC - Indian LawsDishonor of Cheque - cheque was returned due to “insufficient funds” and not "as time barred cheque" - Section 138 of the Negotiable Instruments Act - HELD 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 the 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. The matter is remitted to the Madurai Bench of Madras High Court to consider the matter afresh.
|