Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180012352023
Summary Cases/5800122/2023
Mukesh Ashok Kahar Vs. Shailesh Shiv Pujan Tiwari
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.26
1. This is the application for an interim compensation filed
u/sec.143-A of the Negotiable Instrument Act.
2. It is contended on behalf of the complainant that the
accused has pleaded not guilty and claimed to be tried. The cheque is
issued in discharge of legal liability to repay the amount given by the
complainant for purchasing vehicle. Hence, this application.
3. Advocate for accused absent. Accused failed to file reply
despite giving sufficient opportunity. Heard accused who submitted that
he will pay the amount if time is given till the month of March 2025.
4. Heard advocate Mr. S.R.Sharma for the complainant.
5. It is the case of the complainant that he had to purchase
second hand vehicle. For the said purpose he paid Rs.2,42,000/- by
cheque to the accused. Accused failed to provide vehicle to the
complainant. Accordingly returned part amount of Rs.50,000/- and
issued subject cheque against the payment of liability of repayment of
remaining amount. The same was dishonoured. The accused failed to
pay the amount of dishonoured cheque despite receiving statutory
notice. Hence, complainant compelled to file present complaint.
6. As accused failed to give reply, as an abundant precaution
the court is bound to examine the evidence on record before coming to
any conclusion and passing adverse order against the accused.
-- 1 of 3 --
2 Summary Cases/5800122/2023
Order below Exh.26
7. I have minutely gone through the affidavit in lieu of
Examination in Chief, documents annexed and relied upon by the
complainant in support of his case. One thing is quite clear from the
prima facie evidence that there was transaction in between
complainant and accused for purchasing the vehicle. The document of
Samjota Karar dated 13.01.2022 placed at Exh.20 is more than
sufficient to presume the legal liability against the accused. In
consonance with said Agreement, accused had issued subject cheque
Exh.21. Accused has not replied the statutory notice issued by the
complainant and received by him. Therefore, there is reason to believe
that accused is legally liable to pay the cheque amount even at
preliminary stage of proceeding.
8. Considering the object of section 143-A(1) of the
Negotiable Instrument Act, this is a fit case to invoke the discretionary
powers conferred upon this court and grant Ad interim compensation
to the complainant. The trial will take its own time to conclude the
final rights of the parties. The cheque has a presumption of law under
section 139 of the Act which has to be rebutted by the accused during
the trial. Hence, I pass following order.
O R D E R
1) The application is allowed.
2) The accused is directed to make payment of 20%
of cheque amount within 60 days from today to
the complainant as an interim compensation.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 14.01.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
-- 2 of 3 --
3 Summary Cases/5800122/2023
Order below Exh.26
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 : 14.01.2025
Transcribed and Typed on : 14.01.2025
Order printed and Signed on : 14.01.2025
Order Uploaded on : 14.01.2025
-- 3 of 3 --