Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180024582024 Summary Cases/5800070/2024
Harishchandra Khanderao Meher Vs. Mangesh
Baburao Patil
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.38
This is an application filed for granting an interim compensation
u/sec.143-A of the Negotiable Instrument Act.
2. Accused objected the application vide reply Exh.39.
3. Heard advocate Mr. Milind Gaware for the complainant and
advocate Mr. Pradeep Juwale for the accused.
4. Complainant has filed evidence affidavit alongwith various
documents pertaining to the transaction in between him and accused.
The documents bear signatures of both parties. The document of
undertaking Exh.23 dated 17.07.2023 pertains to admission and
acknowledgment given by the accused to repay the amount of
Rs.15,00,000/-. It indicates admission of liability against accused.
Besides these documents cheque is placed on record. The defence
raised on behalf of accused by way of notice reply are not tenable at
this stage. Rather to say the same can not be legal obstacle in granting
benefit of provision under section 143-A of the Act, to the complainant.
The same can be considered at the time of final hearing of the trial.
5. From the documents on record, there is strong prima facie case
to succeed in the trial by the complainant. The cheque in question has
presumptive value under section 118(a) and 139 of the Negotiable
Instrument Act. The defences raised by the accused are not cogent or
sufficient at this stage of trial to presume chances of rebuttal of
presumption of law. Trial will take its own time for final adjudication.
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2 Summary Cases/5800070/2024
Order below Exh.38
This is a fit case to invoke discretionary powers conferred upon this
court under section 143-A of the Act. 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.
3) Order dictated and pronounced in open court.
4) Order be uploaded on Court Web Portal.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 24.04.2026 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 : 24.04.2026
Transcribed and Typed on : 24.04.2026
Order printed and Signed on : 24.04.2026
Order Uploaded on : 24.04.2026
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