Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180001192022
Summary Cases/5800002/2022
Jeetendra Kishin Gehi Vs. Gulraj Lachhmandas Gandhi
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.11
1. This is an application for an interim compensation
u/sec.143-A of the Negotiable Instrument Act.
2. It is contended on behalf of the complainant that
complainant is owner of the premises rented to the accused vide
Agreement having lock in period for 5 years. The cheque were given in
advance against monthly compensation. The same were dishonoured.
Hence, this application.
3. Accused objected the application vide detailed reply
Exh.11-A on various grounds.
4. Heard both sides.
5. Admittedly, the premises was rented to the accused vide
Lease Agreement having lock in period of 5 years. It is not in dispute
that the Agreement was terminated by the accused during COVID-19
period. As per submission of advocate for the complainant, the accused
was in possession of rented premises only during November 2019 to
June 2020. Thereafter, accused terminated the Agreement and vacated
the premises. Since the Agreement is terminated by the accused, no
question crops up to attract criminal liability under section 138 of the
Negotiable Instrument Act by dishonour of the post dated cheques
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Order below Exh.11
given in advance to the complainant. The aspect of legal liability or
existence of liability on the date of cheque will have to be determined
on the basis of evidence to be laid in trial by both sides. The nature of
dispute in between parties is of a civil nature. Even if it is to be
considered by way of additional criminal remedy under section 138 of
the Negotiable Instrument Act, the parties will have to be given an
opportunity to lead evidence in respect of compelling circumstances to
revoke the Agreement which has given birth to present dispute.
6. The cheques being post dated cheques given in advance for
monthly compensation, the defence raised by the accused vide reply is
probable and sustainable. In my view, it is not a fit case to invoke the
discretionary powers conferred upon this court under section 143-A of
the Negotiable Instrument Act and hurriedly to grant interim
compensation merely on the basis of dishonoured cheques. COVID-19
Pandemic situation may affect the contractual liability at the time of
final hearing. Therefore, it is necessary to direct the parties to go for
trial. Hence, I pass following order.
O R D E R
1) The application is rejected.
2) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 11.11.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.11
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate (First Class), 58th Court,
Bandra, Mumbai.
Dictated in open court on : 11.11.2024
Transcribed and Typed on : 11.11.2024
Order printed and Signed on : 11.11.2024
Order Uploaded on : 11.11.2024
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