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2023 Supreme(Ker) 838

P. V. KUNHIKRISHNAN
Faizal Abdul Samad S/o A. I. Abdul Samad – Appellant
Versus
A. N. Sasidharan S/o Late Narayanan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sreekanth S. Nair, Sandeep P. Johnson.
For the Respondents: K. Jose Kuriakose, Blossom Mathew, Renjith T.R.

ORDER :

1. This Crl. M.C. is filed challenging Annexure-A6 order, by which, the Judicial First Class Magistrate Court, Chottanikkara directed to pay an interim compensation under section 143A of the Negotiable Instruments Act, 1881 (for short the NI Act).

2. The petitioner is the accused in S.T. No. 3117/2019 on the file of the Judicial First Class Magistrate Court, Chottanikkara. A complaint was filed by the 1st respondent herein alleging offence punishable under section 138 of the Negotiable Instruments Act. Annexure-A4 is the complaint. The case of the complainant is that the petitioner/accused approached the complainant and agreed to purchase an apartment 9/440-GI in the 5th Floor of the AIRPORT SUITES BLOCK 111 of Nedumbassery Grama Panchayath and an extent of right of 0.0376 undivided share in 5.66 Ares of land. The total consideration of the said property was fixed as Rs. 37 lakhs is the contention and the accused had given an amount of Rs. 9 lakhs as advance to the complainant is the further case. It is submitted that, as per the agreement entered into between the petitioner and the 1st respondent, the 1st respondent executed a registered sale deed in favour of the petitioner

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