Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180024032023
Summary Cases/5800234/2023
Chandanmal Jasraj Parmar Vs. Saira Ram Mali @ Raju
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.44
This is the application for an interim compensation filed
u/sec.143-A of the Negotiable Instrument Act.
2. Accused failed to file reply despite availing more than
sufficient opportunity. As per order dated 29.08.2024 application is
heard exparte.
3. According to the case of the complainant subject cheque
Exh.18 is issued in discharge of legal liability to pay the amount of
various gold ornaments purchased by the accused on credit. To support
the contention, complainant has produced carbon copy of Tax Invoices
dated 18.02.2023. In view of presumption under section 139 of the
Act, there is reason to believe that accused has issued subject cheque in
discharge of said legal liability. Accused was called upon to pay the
dishonored cheque amount vide statutory notice dated 27.02.2023.
Accused has not raised any specific defence at the time of recording his
plea Exh.13.
4. Strong prima facie case made out to entitle interim
compensation. Proceeding will take its own time for final conclusion. In
the facts and circumstances, complainant is entitled for the interim
compensation to be granted under section 143-A of the Act. Hence, I
pass following order.
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2 Summary Cases/5800234/2023
Order below Exh.44
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.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 07.04.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.44
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 : 07.04.2025
Transcribed and Typed on : 07.04.2025
Order printed and Signed on : 07.04.2025
Order Uploaded on : 07.04.2025
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