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CNR MHMM18000189202328 Jul 2025
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Order 1 · 28 Jul 2025 · CNR MHMM180001892023

Order Details: Order Below EX 1
Pdf Text: MHMM180001892023
Summary Cases/5800003/2023
MS. REKHA KASHINATH PAWAR Vs. AJAY ASHOK PATKAR
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.35
This is an application for interim compensation filed under
section 143-A of the Negotiable Instrument Act, 1881. It is contended
on behalf of complainant that a friendly loan of Rs.6 lakhs in cash was
advanced to the accused. For payment of said loan accused issued
subject cheque etc.
2. Accused objected application vide reply Exh.23 mainly on the
ground of money lending business, denial of transaction etc.
3. Heard both sides.
4. Admittedly, the so called amount seems to be given in cash in
contravention of section 269 SS of Income Tax Act. Except cheque
nothing on record to accept alleged transaction of friendly loan.
Accused has taken defence of illegal money lending. Circumstances
warrants to direct the parties to go for trial instead of granting interim
compensation. This is not a fit case to invoke discretionary powers
conferred upon this court. 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 : 28.07.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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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 : 28.07.2025
Transcribed and Typed on : 28.07.2025
Order printed and Signed on : 28.07.2025
Order Uploaded on : 29.07.2025
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