2020 (5) TMI 561

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....1 BY ADV. SRI. S. DILEEP (KALLAR) SRI SANTHOSH PETER-SR PP J U D G M E N T R.NARAYANA PISHARADI, J The petitioner is the accused in the case C.C.No.588/2018 on the file of the Court of the Judicial First Class Magistrate-I, Kattappana. 2. The aforesaid case is one instituted upon the complaint filed against the petitioner by the first respondent for an offence punishable under Section ....

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....order is challenged by the petitioner/accused in this original petition filed under Article 227 of the Constitution of India. 5. Heard learned counsel for the petitioner and also the first respondent. 6. The impugned order passed by the learned Magistrate is presumably under Section 143A of the Act. 7. Section 143A was inserted in the Act with effect from 01.09.2018 by Amendment Act 20 of....

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....was committed after the introduction of that provision (Section 143A) in the statute book. 9. In the instant case, the offence under Section 138 of the Act was allegedly committed by the petitioner and the complaint against him was filed by the first respondent much before the date 01.09.2018. Therefore, the learned Magistrate could not have invoked the provisions under Section 143A of the Act ....