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2020 Supreme(Ker) 242

R.NARAYANA PISHARADI
RAJAN ARJUNAN, S/O. ARJUNAN – Appellant
Versus
KLM AXIVA FINVEST LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.A.SHAFEEK (KAYAMKULAM)
For the Respondent: SRI.S.DILEEP (KALLAR), SRI SANTHOSH PETER-SR PP

JUDGMENT :

The petitioner is the accused in the case C.C.No.588/2018 on the file of the Court of the Judicial First Class Magistrate-I, Kattappana.

2. The aforesaid case is one instituted upon the complaint filed against the petitioner by the first respondent for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').

3. The complaint against the petitioner was filed on 08.08.2018 on the allegation that the cheques dated 10.04.2018 and 25.04.2018 issued by him in favour of the first respondent returned unpaid for the reason that there was no sufficient amount in the account and inspite of the statutory notice issued to the petitioner demanding payment of the amount of the cheques, he did not pay the amount.

4. Learned Magistrate took cognizance of the offence and issued process to the petitioner. On 02.08.2019, the petitioner pleaded not guilty to the offence. Then, the learned Magistrate ordered that the petitioner shall deposit 20% of the amount of the cheques within a period of sixty days. The aforesaid order is challenged by the petitioner/accused in this original petition filed under Article 227 of the Constitution of

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