Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180006542022
Summary Cases/5800049/2022
Mihir Jitendra Desai Vs. Shailesh Bhikabhai Patel
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.20
1. This is an application for getting an interim compensation
filed u/sec.143-A of the Negotiable Instrument Act, by the complainant.
2. It is contended on behalf of the complainant that the
complainant had supplied some goods material to the accused. The
accused partly paid the outstanding amount and gave subject cheque in
question against said liability. Trial will take its own time to conclude.
Hence, this application.
3. Accused objected the application vide detailed reply
Exh.21 on the ground that there is great chance of dismissal of the
complaint. The complainant has supplied defective material to the
accused. The complainant has not settled as to defective material
supplied to him. The cheque was given towards the security of business
and not against any liability. It is further contended that the
complainant’s father might have stolen the cheque when visited the
house of accused. Accordingly, prayed for rejecting the same.
4. Heard both sides.
5. So far as transaction in between complainant and accused
in respect of supply of certain material is not in dispute. The stand of
supplying defective material is taken first time after lodging the
complaint. There is no notice reply to believe the stand of the accused.
It is submitted on behalf of the accused that cheque in question belongs
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Order below Exh.20
to joint account of the two parties and another party is not made
accused. The submission raised on behalf of the accused does not
stands to reason for consideration at this stage. Nothing on record
about defence of committing theft of cheque. There appears no legal
substance in the defence of the accused at this stage.
6. Prima facie the cheque in question appears legal and valid
instrument for consideration of this application. In view of presumption
under section 139 of the Act, coupled with provision under section 143
A, this is the fit case to invoke the discretionary powers conferred upon
the court to grant interim compensation considering the time period to
be taken for final conclusion of the case. Hence, I pass following order.
O R D E R
1) The application is allowed.
2) The accused to pay 20% of cheque amount to the
complainant as an interim compensation within
60 days.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 04.09.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.20
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 : 04.09.2024.
Transcribed and Typed on : 04.09.2024.
Order printed and Signed on : 04.09.2024.
Order Uploaded on : 04.09.2024.
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