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Supreme Court of India 2019-07-05 allowed

CHRISTOPHER RAJ vs K VIJAYAKUMAR

Bench: 2 — R. Banumathi, A.S. Bopanna

In Brief

Christopher Raj was acquitted of cheque dishonor charges under the Negotiable Instruments Act. The High Court, hearing a prosecution appeal without the accused's representation, reversed the acquittal and convicted him. The Supreme Court set aside the conviction, holding that the High Court erred in proceeding without affording the accused a fair hearing opportunity or appointing an amicus curiae. The Court emphasized that procedural fairness must be maintained in appellate proceedings, especially when reversing acquittals. The matter was remitted to the High Court for fresh consideration after ensuring proper representation for both parties.

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Criminal Procedure Negotiable Instruments Appellate Procedure Right to Representation Cheque Dishonor Procedural Fairness

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