Maharunneesa vs Arjun Amaravathi Chits Pvt Ltd
2021 Latest Caselaw 16644 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                      CRL.MC NO. 3123 OF 2021
AGAINST THE ORDER/JUDGMENT IN ST 76/2019 OF JUDICIAL MAGISTRATE OF
              FIRST CLASS -II, NADAPURAM, KOZHIKODE
PETITIONER/ACCUSED:

          MAHARUNNEESA,
          AGED 37 YEARS,
          W/O. MUJEEB RAHMAN, MANAYATH HOUSE, P.O. KADAVATHUR,
          CHOKLI-670 676

          BY ADV K.DILIP



RESPONDENTS/COMPLAINANT AND STATE OF KERALA:

    1     ARJUN AMARAVATHI CHITS PVT LTD,
          REGISTERED OFFICE 30, KUTCHERY ROAD, MYLAPORE,
          CHENNAI, REP. BY K.P. JAYAPRAKASH,S/O. KUNHIKRISHNA
          KURUP, AGED 54 YEARS, KOOTTARI HOUSE, P.O. CHOROD,
          VATAKARA TALUK-673 106

    2     THE STATE OF KERALA,
          REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT
          ERNAKULAM.



          SR.G.P.SRI.NOUSHAD K.A.




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 3123 OF 2021                 2



                                   ORDER

Instead of ordering 20% of the cheque amount,

direction was issued to deposit the entire amount

covered by the cheque under Section 143 A of the

Negotiable Instruments Act, which is under challenge.

It is so unfortunate that the learned Magistrate did

not understand the plain language used in Section 143

A of the Negotiable Instruments Act. Hence the

impugned order is set aside and modified to the

extent of 20% of the cheque amount, instead of the

entire amount as ordered by the Magistrate.

Registry shall send a copy of this order to the

concerned Magistrate, who passed the impugned order.

The Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE

msp

APPENDIX OF CRL.MC 3123/2021

PETITIONER ANNEXURE

Annexure I A TRUE COPY OF COMPLAINT FILED IN S.T. NO.

76/2019 DATED 01.02.2019.

Annexure II A TRUE COPY OF THE C.M.P. NO. 104/2021 FILED IN S.T. NO. 76/2019 DATED 25.02.2021.

Annexure III A CERTIFIED COPY OF THE ORDER IN C.M.P. NO.

104/2021 IN S.T. NO. 76/2019 DATED 21.04.2021.