Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180020202022
Summary Cases/5800221/2022
SUMISHO AGRO INDIA PRIVATE LIMITED Vs.
SUPER CROP SAFE LIMITED
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.26
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.31
mainly on the ground of misuse of the cheques issued towards security,
non existence of liability etc.
3. Heard advocate Mrs. Vandana Tiwari for the complainant and
advocate Mr. Vishwanath Nair for the accused.
4. The transaction in between the parties is not disputed. The same is
supported by the document of Agreement dated 18.07.2019. The claim of
outstanding amount towards accused is also supported prima facie by the
document of purchase order, Sales Contract, Tax Invoice, Ledger Account
extract of the complainant.
5. To substantiate or accept the case of misuse of cheques issued
towards security, there is nothing on record except bare words. The
statutory notice dated 04.02.2022 issued to the accused has not replied by
the accused persons. The accused are challenging the entries recorded in
ledger account filed by the complainant. The same is part of evidence. At
this juncture strong prima facie case is made out by the complainant to
invoke the discretionary powers conferred upon this court under section
143-A of the Act. The trial will take its own time for finalizing the rights
of the parties. Hence, I pass following order.
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2 Summary Cases/5800221/2022
Order below Exh.26
O R D E R
1) The application is allowed.
2) Accused are directed to make payment of 20% of
cheque amount within 60 days from today to the
complainant as an interim compensation.
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 : 17.06.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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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 : 17.06.2025
Transcribed and Typed on : 17.06.2025
Order printed and Signed on : 17.06.2025
Order Uploaded on : 17.06.2025
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