The High Court in Madras has decided to have a new trial for M. Karthikeyan in a case involving a bounced cheque. The original decisions were found to have mistakes, leading to this new decision.
M. Karthikeyan, the Managing Partner of Rajalakshmi Fabrics in Tiruppur, was taken to court by M/S. Soliswara Tex. The issue was over a cheque worth Rs. 47 Lakhs that didn't go through on July 10, 2017, because the person who wrote the cheque stopped the payment.
The case was first decided on June 24, 2022, by the Judicial Magistrate Court in Palladam. M. Karthikeyan was found guilty under a law that deals with bouncing cheques. He was sentenced to 11 months in prison and told to pay double the cheque amount as compensation.
M. Karthikeyan appealed the decision, but the Principal Sessions Judge in Tiruppur agreed with the original decision on August 4, 2023. His lawyer argued that since M/S. Soliswara Tex was found not guilty, Karthikeyan shouldn’t be the only one found guilty.
Justice Sunder Mohan pointed out mistakes in the previous decisions. The Magistrate had mixed up the roles of the accused, thinking the company was a person. This mistake led to Karthikeyan’s conviction, which the higher court didn't catch.
Justice Mohan stated:
"The decisions holding the petitioner guilty are based on a wrong assumption of fact."
He ordered a new trial for M. Karthikeyan and the company, while confirming that the third accused, Karthikeyan's mother, was not guilty because there was no evidence against her.
The new trial will take place in Palladam's Judicial Magistrate Court. The court has two months to finish the process, allowing both parties to present new evidence if needed.
The court's decision shows how important it is for legal processes to be clear and for the court to make sure justice is done correctly.
