Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180023272023
Summary Cases/5800209/2023
Mohammed Shafi Abdul Gani Junani Vs. Sanjeeva
Gangaram Siripuram
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.19
1. This is an application for ad interim compensation filed
u/sec.143-A of the Negotiable Instrument Act.
2. It is contended on behalf of the complainant that he had
advanced loan to the accused partly by cheque and cash. In discharge
of said liability accused had executed the Promissory Note and given
subject cheque which was dishonoured. Accused has pleaded not guilty.
Hence, this application.
3. Accused pleaded not guilty vide plea Exh.14 on
12.02.2024. Accused has not filed reply to the interim application
despite giving more than sufficient opportunity. Today neither accused
nor his advocate present. Considering the mandate of law, I deem fit to
hear the application in absence of accused and pass the order.
4. It is the case of the complainant that he trusted on the
accused and given Rs.2 lakhs. It is also averred that besides Rs.2 lakhs
he again paid Rs.60,000/- for the financial support to the accused. In
short, according the complainant the disputed two cheques worth Rs.2
lakhs and Rs.60,000/- are issued by the accused in discharge of said
legal liability to repay the same.
5. Averments made in the complaint by the complainant are
supported with the documentary evidence of Receipt cum Promissory
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2 Summary Cases/5800209/2023
Order below Exh.19
Note dated 17.11.2021 executed for Rs.2 lakhs. The same is also
supported with the documentary proof of two disputed cheques dated
25.01.2023. Needless to state that the recitals of Promissory Note
shows giving Rs.1,20,000/- by cheque and Rs.80,000/- in cash to the
accused. The Promissory Note indicates photographs, signatures and
thumb impression of the parties affixed and executed before the Notary
Public. Considering the earlier transaction of Rs.80,000/- in cash, in
absence of reply of accused there is reason to believe parting further
amount of Rs.60,000/- in cash by the complainant to the accused.
6. The evidence on record is more than sufficient to draw
prima facie inference as to existence of legal liability. The signature of
the accused on his plea and cheques are similar and identical.
Therefore, in view of presumption under section 139 of the Act, this is
a fit case to invoke the discretionary powers conferred upon this court
to give an ad interim compensation to the complainant. 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 ad interim compensation.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 04.02.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.19
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 : 04.02.2025
Transcribed and Typed on : 04.02.2025
Order printed and Signed on : 04.02.2025
Order Uploaded on : 04.02.2025
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