VidhiSangh

Supreme Court of India · 05/07/2019

CHRISTOPHER RAJ versus K VIJAYAKUMAR

[2019] 9 S.C.R. 61 · 2019 INSC 726

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Summary

The High Court should not have reversed an acquittal in a cheque-dishonour case when the accused was unrepresented, without securing an opportunity or legal assistance for him. It could have issued a second notice, arranged counsel through legal services or appointed an amicus curiae. The conviction was set aside and the complainant’s appeal restored for a fresh hearing, with the merits expressly left undecided.

Issues

  1. Whether the High Court properly reversed acquittal on merits without representation or appointed assistance for the accused.

Held

Result

Appeals allowed; High Court orders set aside and the complainant’s criminal appeal restored for fresh consideration by the Madurai Bench. Accused directed to appear on 26 August 2019; High Court to notify the complainant, hear both parties and decide according to law, with merits open.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 61.