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2019 Supreme(Ker) 691

MARY JOSEPH
Jisha, W/o. Praveen – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Sri. T.P. Pradeep Sri. S. Sreedev
For the Respondent: Sri. Peeyus A. Kottam, SR.PP.C.N. Prabhakaran

ORDER :

This petition is filed under Section 482 Cr.P.C, seeking to quash an order passed by the Judicial First Class Magistrate Court I, Muvattupuzha on 8.3.2019 in C.M.P.No.316/2019 in S.T.No.3531/2018, a copy of which is produced alongwith as Annexure A4. C.M.P.No.316/2019 is a petition filed by the complainant under Section 143A of the Negotiable Instruments Act, 1881 (for short 'the N.I Act'). S.T.No.3531/2018 is a prosecution launched by the 2nd respondent herein against the petitioner under Section 142 N.I Act alleging commission of offence punishable under Section 138 N.I Act. The complaint was launched in the year 2018. Annexure A4 order was passed, when the plea of the accused that he is not guilty of the offence was recorded by the court. The accused was directed to pay a sum of Rs.1,00,000/- as interim compensation to the complainant within 60 days from the date of the order (20% of Rs.5,00,000/-, the cheque amount). It is aggrieved by the said order, the accused has approached this Court in the captioned petition.

2. Sri.S.Sreedev advanced arguments on four points. The first and foremost argument of the learned counsel was centered on the second part of Article 20 (1) of

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