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2024 Supreme(Online)(KER) 1588

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
M/S KAIRALI CEMENT COMPANY – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Petitioners challenge the order dated 27.11.2023 in CMP No.6573/2023 in STC No.1673/2022 on the files of the Judicial First Class Magistrate Court-I, Sulthan Bathery.

2. Petitioners herein are accused 1 and 2 in STC No.1673/2022. The first petitioner is a partnership firm, and the second petitioner is the Managing Partner of the said firm. The gist of the prosecution case is that the second petitioner borrowed an amount of Rs.10,00,000/- from the second respondent for his business needs, and in discharging his liability executed a cheque, and the same got dishonoured when presented for encashment. The second respondent preferred a private complaint before the Judicial First Class Magistrate Court-I, as STC No.

1673/2022. Thereafter, the second respondent preferred a petition as CMP No.6573/2023, under Section 143A of the Negotiable Instruments Act.

3. By the impugned order, issued under Section 143A of the Negotiable Instruments Act, 1881, the learned Magistrate has directed the petitioners to deposit 20% of the cheque amount within 60 days from the date of the order. The amount involved in the cheque is Rs.10,00,000/-, and the petitioners have been directed to deposit an a

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