Interim Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 … C.C.No.21/SS/2020
MHMM180007462020
C.C.No.21/SS/2020
NIRTEX EXPORT AND
INVESTMENT PVT LTD
Vs. PRADEEP GULATI
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION AT EXH.15
1. This is an application for granting Interim
Compensation u/sec.143(A) of the Negotiable Instrument Act
1881, from the accused.
2. The accused resisted the application vide his say
filed at Exh.17, on the ground that the cheque was issued as a
security and not towards payment in question.
3. Heard Advocate Asif Vhora for the complainant and
advocate Pranit Likhite for the accused.
4. On hearing both the sides, it is crystal clear that the
transaction in between the complainant and accused is in
respect of some plot of land at Ulwe. The accused has not
denied issuance of the cheque to the complainant. So far as the
defense of giving cheque as a security by the accused is
concerned, heavy burden lies on the accused to rebut the
presumption available with the complainant at the time of trial.
Sec.143 (A) of the Act though not mandatory, empowers this
court to grant interim compensation, so as to expedite the
matter and raise faith in commercial transaction. The
complainant has filed his affidavit of examination in chief at
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Exh.13 on 09.06.2022. Considering over all period lapse in
proceeding in the trial, and defence of the accused I deem it fit
to invoke the powers conferred upon the court u/sec.143(A) and
grant interim compensation to the complainant. Hence, I pass
following order.
ORDER
1. The application is allowed.
2. The accused to pay 20% amount of
cheques in question as interim
compensation to the complainant within
45 days.
3. Both parties and advocate to cooperate
this court to finish the trial as early as
possible.
4. Order dictated and pronounced in open
court.
Mumbai, (M. P. Saraf)
Dated : 06.06.2023. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code MH01362
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