Christopher Raj v. K. Vijayakumar [Supreme Court of India, 05-07-2019]

Criminal Appeal - Accused did not appear in the criminal appeal before the High Court - When the accused has not entered appearance in the High Court, the High Court should have issued second notice to the accused or the High Court Legal Services Committee to appoint an advocate or the High Court could have taken the assistance of amicus curiae. When the accused was not represented, without appointing any counsel as amicus curiae to defend the accused, the High Court ought not to have decided the criminal appeal on merits; more so, when the accused had the benefit of the acquittal.

The Negotiable Instruments Act, 1881 - Section 138 - The High Court erred in reversing the acquittal without affording any opportunity to the appellant-accused or by appointing an amicus curiae to argue the matter on his behalf.

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