Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180019832022
Summary Cases/5800211/2022
KAMSONS POLYMERS PRIVATE LIMITED Vs. ANIL
RAM SINGH SAINI
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.18
This is the application for an interim compensation filed
u/sec.143-A of the Negotiable Instrument Act.
2. The accused objected the application vide detailed reply Exh.22 on
the ground no privity of contract and existence of legal liability.
3. Heard advocate Ms. Leena Nishandar for the complainant and
advocate Mr.Vinod Jagtap holding for advocate Mr. Ashwin Hawelikar for
the accused.
4. Complainant has filed affidavit of evidence on 28.08.2024. Copy of
the same is received by the accused on same date. Accused has sought
adjournment on medical ground on last date. Considering the year of the
matter, long dates are given. Today, accused absent and again moved
application for exemption. Holding advocate Mr. Jagtap is not ready to
conduct cross examination. In the compelling circumstances, I deem fit to
hear the parties on interim compensation application and pass order.
5. So far as issuance of disputed cheque Exh.27 is concerned, the same
is not seriously disputed vide reply Exh.22. The reply given on behalf of
the accused merely harp upon non existence of contract and legal liability.
The reply nowhere states as to how the subject cheque came into custody
of the complainant.
6. The accused is objecting interim compensation on the ground of no
supportive documents for the subject cheque. In view of section 139,
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Order below Exh.18
118(a) of the Negotiable Instrument Act, there appears no legal necessity
at this stage of proceeding requiring any corroboration or supportive
evidence for the said cheque. Complainant has produced Tax Invoice for
an amount of Rs.11,80,000/-. The same is more than sufficient proof of
legal liability at this juncture.
7. Apart the question of legal liability is to be decided during the trial.
It can not be the legal ground for refusing interim compensation to the
holder of the negotiable instrument drawn from the account of the
accused without any substantial material to doubt the transaction. The
statutory notice issued by the complainant is replied by the accused. Para
3 of said reply though indicates disputing said Invoice and subject cheque,
it does not reflect any specific stand taken on behalf of accused disclosing
the defence. The notice reply appears mere statement of denial as to the
Invoice and cheque. Therefore, while equating prima facie case, the
documents produced on record by the complainant appears more
trustworthy than the recitals of notice reply of the accused.
8. From the conduct of the accused, there is reason to believe that
accused is prolonging the trial. The cheque on record is not mere a piece
of paper. Therefore, in view of presumption of law under section 139, this
is a fit case to invoke the powers under section 143-A of the Act. The trial
will take its own time for finalizing the rights of the parties. In the mean
while substantial justice has to be done with the complainant who is ready
to proceed with the trial. Hence, I pass following order.
O R D E R
1) The application is allowed.
2) Accused is directed to make payment of 20% of
cheque amount within 60 days from today to the
complainant as an interim compensation.
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Order below Exh.18
3) Order be uploaded on Court Web Portal for the
knowledge of the parties.
4) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 07.05.2025 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 : 07.05.2025
Transcribed and Typed on : 07.05.2025
Order printed and Signed on : 07.05.2025
Order Uploaded on : 07.05.2025
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