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2023 Supreme(Online)(KER) 44124

HIGH COURT OF KERALA
THE PROPRIETOR – Appellant
Versus
STATE OF KERALA – Respondent


IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 14TH DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944 CRL.MC NO. 8842 OF 2019 AGAINST THE ORDER/JUDGMENT CC 1499/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA PETITIONER/ACCUSED THE PROPRIETOR M/S. RESMI GAS AGENCY, THEVARAKKAVU TEMPLE ROAD, THRIPUNITHURA-682 301.

BY ADVS.

JOSE KURIAKOSE (VILANGATTIL)

SRI.BIJO FRANCIS RESPONDENTS/STATE/COMPLAINANT

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2 XEVI VARGHESE NELLUKUNNATH HOUSE, KUREEKAD P.O., CHOTTANIKARA, ERNAKULAM DISTRICT, PIN-682 305.

OTHER PRESENT:

SR.PP.RENJITH GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 14th day of February, 2023 The petitioner is the accused in C.C.No.1499 of 2018 on the files of the Judicial First Class Magistrate Court, Thripunithura. The case originated on a complaint filed by the 2nd respondent against the petitioner, alleging commission of the offence under Section 138 of the Negotiable Instruments Act.

2. The challenge raised in this Crl.M.C. is based on the

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