Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180017452021
Summons Cases SS/5800190/2021
KULVINDER SINGH SACHDEV Vs. M/S
PARTHESH DEVELOPERS
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.35
1. This is an application for an interim compensation
u/sec.143-A of the Negotiable Instrument Act.
2. It is contended on behalf of the complainant that subject
cheques are issued for returning the part consideration amount paid to
the accused. The trial will take it’s own time. Hence, this application.
3. The accused and their advocate absent. No say filed
despite giving sufficient opportunity till today. Considering the object
of the provision, I am inclined to pass order without hearing advocate
for the accused who were given more than sufficient time to exercise
their rights.
4. Heard Advocate Mr. Ibrahim Momon for the complainant.
5. Perused pleadings and documents annexed to the
complaint. The letter issued by the accused on 31.10.2020 is more
than sufficient to draw an inference of existence of legal liability on the
date of issuance of cheque. The amount of part consideration is paid to
the accused by the complainant and the same reflects in allotment
letter dated 01.07.2010 and confirmation receipt dated 06.05.2011.
Unless the accused have received part payment, he would not have
given the allotment letter.
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2 Summons Cases SS/5800190/2021
Order below Exh.35
6. The cheque in question has presumptive value under
section 139 of the Act. There is sufficient prima facie evidence on
record to presume alleged transaction between the parties coupled with
existence of legal liability to succeed in final trial. Therefore, this is a
fit case to invoke powers under section 143-A of the Act. Hence, I pass
following order.
O R D E R
1) The application is allowed.
2) The accused are directed to make payment of 20%
of cheque amount within 60 days to the
complainant as an interim compensation.
3) Order be uploaded on CIS.
4) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 07.10.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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 : 07.10.2024
Transcribed and Typed on : 07.10.2024
Order printed and Signed on : 07.10.2024
Order Uploaded on : 07.10.2024
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