Supreme Court of India · 2019-07-05
Christopher Raj vs K Vijayakumar
- Citation / case number
- AIRONLINE 2019 SC 398
- Court
- Supreme Court of India
- Petitioner
- Christopher Raj
- Respondent
- K Vijayakumar
- Author
- R. Banumathi
- Bench
- A.S. Bopanna, R. Banumathi
Judgment text excerpt
The Supreme Court held that the High Court's conviction of the appellant-accused under Section 138 of the Negotiable Instruments Act was erroneous due to the absence of the appellant's representation during the appeal. The Court emphasized that the High Court should have ensured the appellant's right to legal representation before deciding the case on merits. Consequently, the Supreme Court remitted the matter back to the High Court for fresh consideration, reinforcing the principle of fair trial rights under Article 21 of the Constitution.