IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SILPA MARIYA SUNNY – Appellant
Versus
SOMAN O.N. – Respondent
| Table of Content |
|---|
| 1. facts surrounding the complaint under ni act. (Para 1 , 2) |
| 2. arguments regarding interim compensation assessment. (Para 3 , 4) |
| 3. court's observations on procedural errors. (Para 5 , 6) |
ORDER
The petitioner is the accused in S.T.No.932/2021 on the file of the Judicial First Class Magistrate Court, Erattupetta (for short “Trial Court”), which has been filed by the 1st respondent alleging the commission of the offence publishable under Section 138 of the Negotiable Instruments Act (for short “NI Act”). During the pendency of the complaint, the 1st respondent filed C.M.P.No.423/2024 before the Trial Court under Section 143A of the NI Act for a direction to the petitioner to pay interim compensation. Although the petitioner filed her objections to the said application, by the impugned Annexure A4 order, the learned Magistrate had allowed the application, directing the petitioner to deposit Rs.30,000/- as interim compensation within 60 days from the date of the order. Annexure A4 order is ex facie erroneous and unsustainable in law. The learned Magistrate has not considered the law in its proper perspective. Hence, the impugned order may be set aside.
2. I have heard t
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