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Principles Of Res Judicata Would Apply To Criminal Proceeding

Cause Title : Mrs. Sasikala Menon vs State Of Kerala, CRL.MC NO. 6415 OF 2022, Kerala High Court

Date of Judgment/Order : 25.01.2023

Corum : Honourable Mr. Justice A. Badharudeen

Citied: 

2017 (5) KHC 177 : (2018) 1 SCC 560 : 2017 (4) KLT 444 : AIR 2017 SC 4594], Meters and Instruments (P) Ltd. v. Kanchan Mehta

2021 KHC 6120 : (2021) 6 SCC 258 : 2021 KHC OnLine 6120 : 2021 (2) KLT SN 35 : AIR 2021 SC 1308], P.Mohanraj & Ors. v. Shah Brothers Ispat Private Limited

P.Reghuthaman v. State of Kerala & Ors.

Background

This petition was filed to quash the complaints filed  before the Magistrate court by the Respondent No. 2 under Section 138 of the Negotiable Instruments Act.

The Petitioner had raised issue of the alleged mental disorder of the Respondent in order to have the complainant dismissed while the Respondent argued that the issue of the disorder has been raised earlier by the Petitioner and has been dismissed therefore res judicator should apply.

The question before the court was whether res judicator or constructive res judicator is applicable in a criminal matter.

Judgment

The Court agreeing with the Respondent and referring to the judgment of the Kerala High Court in P.Reghuthaman v. State of Kerala & Ors., observed that it has been observed in the said matter that the said question relating to application of principles of res judicata and constructive res judicata was considered elaborately by the Apex Court in Bhagat Ram and another v. State of Rajasthan and another [MANU/SC/0090/1972 : (1972) 2 SCC 466], which was followed by His Lordship Justice H.R. Khanna in State of Rajasthan v. Tarachand Jain [MANU/SC/0194/1973 : AIR 1973 SC 2131]. It was repeatedly held that principles of res judicata and constructive res judicata are squarely applicable to criminal proceedings also. The decisions in Bhagat Ram (supra) and Tarachand Jain (supra) were clearly approved by the Constitution Bench of the Apex Court, it is no more open for any further debate.



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