Abdul Latheef v. Mohammed Shanavaz

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 Crl.L.P..No. 466 of 2015 ---------------------------- AGAINST THE JUDGMENT IN CC 104/2014 of J.M.F.C.-II, KASARAGOD DATED 30.09.2015 PETITIONER/COMPLAINANT :- -------------------------------------------- ABDUL LATHEEF, AGED 55 YEARS, S/O.MAHMOOD, RESIDING AT NAVAL MAHAL, MANAL, CHEMNAD P.O., KASARAGOD.

BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S)/ACCUSED AND STATE :- -------------------------------------------------------------

1. MOHAMMED SHANAVAZ, AGED 30 YEARS, S/O.RAHMATH, IZZATH MAHAL, MANAL P.O., CHEMNAD, KASARAGOD, PIN - 673 125.

2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. R2 BY SMT.LISHA M.G., PUBLIC PROSECUTOR THIS CRIMINAL LEAVE PETITION HAVING BEEN FINALLY HEARD ON 23-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rkj

P.UBAID, J.

============================ Crl.L.P.No.466 of 2015 ============================ Dated this the 23rd day of November, 2015

ORDER

Heard.

2.

The petitioner is aggrieved by the finding of the trial court regarding due execution of the disputed negotiable instrument, and also regarding the natrue of the transaction that led to the issuance of the cheque. This matter will have to be looked into by this Court in appeal. 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-II,(Additional Munsiff), Kasaragod in C.C.No.104 of 2014.

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