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2020 Supreme(Ker) 59

S.MANIKUMAR, SHAJI P.CHALY
George Mathew, Vrindavan House (Puthenpurayil) – Appellant
Versus
T. A. M. Pookkoya Thangal, S/o. Akkottu Maliyekal Attakkoya Thangal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.P.BABU KUMAR, SRI.P.YADHU KUMAR, VISHNU BABU
For the Respondent: SRI.JAGADEESH LAKSHMAN, CGC

JUDGMENT :

S.Manikumar, J.

Instant writ appeal is filed against the order in W.P.(C) No.257 of 2020 dated 09.01.2020, by which the writ court declined to grant the interim relief sought for in the writ petition by holding that an order staying the operation of the order 24.08.2019 passed by the Judicial First Class Magistrate Court, Kunnamangalam, under Section 143A of the Negotiable Instruments Act, 1881 cannot be granted merely on the basis of a challenge made to the validity of that provision.

2. Short facts leading to the appeal are as under:

    Appellant is the accused in S.T. No.394 of 2019 on the file of Judicial First Class Magistrate Court, Kunnamangalam. The offence alleged against him is under Section 138 of the Negotiable Instruments Act, 1881. He executed an agreement taking over liability of his wife. The agreement was in connection with sale of a property. Thereafter, counsel for the 1st respondent issued a lawyer's notice dated 29.01.2019 (Exhibit-P4) to the appellant. On receipt of notice from the court below, the appellant appeared and took bail on 24.08.2019. However, the learned Magistrate directed the appellant to deposit a sum of Rs.5.2 lakhs. In compliance of the sa

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