TMI Blog2019 (7) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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. - CRIMINAL APPEAL NOS. 986-987 OF 2019 (Arising out of SLP (Crl.) Nos.7717-7718 of 2018) - - - Dated:- 5-7-2019 - R. BANUMATHI And A. S. BOPANNA, JJ. ORDER R. BANUMATHI, J. Leave granted. 2. The appellant-accused has preferred these appeals challenging the orders passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as 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. 6. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 10. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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