Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
C.C.No.317/SS/2018
ORDER BELOW EXH.29
The complainant filed this application for interim
compensation. According to the complainant, accused appeared and
pleaded not guilty. After amendment in Sec.143-A of the Negotiable
Instruments Act, he prayed to direct the accused to deposit 20% of the
cheque amount as compensation.
2. The accused filed the reply at Exh.31 and opposed the
application. According to the accused the application is not maintainable.
It is claimed that there is no any valid contract U/sec.23 of the Indian
Contract Act in between the complainant and the accused. The
complainant has not stated specific amount paid in the year 2008-2010.
The blank cheque is misused without giving particular calculation of the
amount. Debt is time barred. Therefore, prayed to reject the application.
3. Heard the Ld. Counsel for the accused. The complainant was
absent on last date. On perusal of record, it appears that the Plea is
recorded at Exh.13. The demand notice is dated 17.10.2017. The
amendment came into existence on 01.09.2018. The cause of action to
this case is arise prior to the amendment. The amendment has no any
retrospective effect. Hence, the application is liable to be rejected. Hence,
I pass the following order-
O R D E R
The application is rejected.
Mumbai, (P. V. Bulbule.)
Dated : 29.07.2019. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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