Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180007112020
Summons Cases SS/5800064/2020
Archana Navnath Chavan Vs. Sanjay Singh
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.17
1. This is the application for an interim compensation
u/sec.143-A of the Negotiable Instrument Act.
2. It is contended on behalf of the complainant that she had
paid Rs.10 lakhs by cheque to the accused for purchasing a flat. The
accused failed to provide flat. Accordingly, issued subject cheques to
return the amount of consideration which were dishonoured. Accused
pleaded not guilty and claimed to be tried. Hence, this application.
3. The accused no. 1 and 3 objected the application vide reply
Exh.31. According to the accused, disputed cheques were not issued by
the accused No.1 in favour of complainant in discharge of any legal
liability. The actual transaction is quite different from the alleged claim
of the complainant. The complainant has done the transaction with
M/s. Aarit Infraprojects Pvt. Ltd. and not with the accused No.1 and 3.
Therefore, accused No.1 is not liable for any payment to be made to the
complainant. Accordingly, prayed for rejecting the application.
4. Heard both sides.
5. Complainant has produced the disputed cheques at Exh.23
and 24. Both cheques belongs to the account of accused No.3 of which
accused No.1 is partner and authorized signatory. It is defence of the
accused that entire transaction was done with accused No.2 against
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Order below Exh.17
whom process is not issued. Therefore, accused No.1 and 3 are not
liable to make any payment. So far as the defence of the accused No.1
and 3 is concerned, the original receipts produced at Exh.21 and 22
falsifies the defence of the accused. Both receipts are executed by
accused Nos.1 and 3 acknowledging the payment made by the
complainant. Further, accused No.1 and 3 has not replied the statutory
notice issued by the complainant to substantiate their defence probable.
6. Prima facie evidence on record has established the
transaction in between complainant and accused. Considering the
cheques and receipts, there is reason to believe that the subject cheques
are issued in discharge of legally enforceable liability. There appears no
substance in the defence of the accused to succeed in the trial. In short,
this is a fit case to invoke powers conferred upon this court under
section 143-A of the Negotiable Instrument Act to grant an interim
compensation to the complainant, considering the time span of final
conclusion of the case. Hence, I pass following order.
O R D E R
1) The application is allowed.
2) The accused Nos. 1 and 3 are jointly and
severally are directed to make payment of 20%
of cheques amount within 30 days from today to
the complainant as an interim compensation.
3) Order be uploaded forthwith on CIS.
4) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 23.11.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.17
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 : 23.11.2024
Transcribed and Typed on : 23.11.2024
Order printed and Signed on : 23.11.2024
Order Uploaded on : 23.11.2024
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