Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180033002024 Summary Case No.5800123/SC/2024
Manoj Govind More Vs. Rajratna Manik
Sonawle
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.20
Application is filed on behalf of complainant for granting an
interim compensation u/sec.143-A of the Negotiable Instrument Act.
2. Accused objected the application vide detailed reply Exh.22.
3. Heard advocate Akhilesh Singh for the complainant and advocate
Pradeep Juwale for the accused.
4. According to the complainant he had advanced friendly loan of
Rs.2,50,000/- in cash to the accused out of friendship. Accused has
denied obtaining loan of Rs.2,50,000/- and came with a case of
receiving only Rs.15,000/-. Perused averments made in the complaint.
It shows that the earlier transaction of friendly loan of Rs.30,000/- in
between complainant and accused is completed in the month of
December 2020. The transaction in question is second friendly loan
transaction.
5. In the facts and circumstances, the defence of the accused as to
misuse of his security cheque obtained for earlier loan transaction
prima facie appears probable one. Accused has not denied second loan
transaction but has came with a case of obtaining only Rs.15,000/-
which appears probable considering the amount of first loan
transaction. Except disputed cheque nothing is placed on record to
presume existence of legal liability of particular amount of
Rs.2,50,000/-. The presumption under section 139 of the Act is
rebuttable presumption. For rebutting the presumption parties needs
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2 Summary Case No.5800123/SC/2024
Order below Exh.20
to be given an opportunity of leading evidence. In my view, this is not
a fit case to invoke powers conferred upon this court under section
143-A of the Act, merely on the basis of dishonor of cheque. Hence, I
pass following order.
O R D E R
1) The application is rejected.
2) Parties are directed to go for trial.
3) Order dictated and pronounced in open court.
4) Order be uploaded on Court Web Portal.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 28.10.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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3 Summary Case No.5800123/SC/2024
Order below Exh.20
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 : 28.10.2025
Transcribed and Typed on : 28.10.2025
Order printed and Signed on : 28.10.2025
Order Uploaded on : 28.10.2025
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