Skip to main content

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.



Comments

Post a Comment

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...
Post a Comment
Read more

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...
1 comment
Read more

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...
1 comment
Read more