Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180033952022 Summary Cases/5800264/2022
SRINIVAS K MAMIDISHETTY Vs. SHYAM
HARILAL GUPTA
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.23
This is an application filed for granting an interim compensation
u/sec.143-A of the Negotiable Instrument Act, 1881.
2. Accused objected the application vide reply Exh.25.
3. Heard advocate Rajarathnam John Baddam for the complainant
and advocate Mr. Milind Gaware for the accused.
4. It is the case of the complainant that he has paid an amount of
Rs.8 lakhs in cash to the accused as a friendly loan. Accused has issued
subject cheque for repayment of said loan etc. Per contra, accused has
denied the transaction. According to the accused, no document is
executed while advancing the loan.
5. Indeed except disputed cheque nothing is placed on record in
support of alleged payment made in cash mode as a friendly loan.
While considering the application for interim compensation, court is to
see strong prima facie case with further prospective chances to succeed
on trial.
6. Needless to state that transaction made in cash itself appears
illegal and contrary to the provisions of the law. Accused has denied
the transaction. Therefore, in absence of any other cogent, creditable
prima facie evidence as to actual giving of the cash as averred, the
transaction can not be accepted ipso facto for considering presumption
under section 139 of the Act and granting interim compensation merely
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2 Summary Cases/5800264/2022
Order below Exh.23
on the basis of dishonor of cheque drawn on account of accused.
7. Parties needs to be directed to go for trial considering legal
aspect of existence of legal liability and enforceable debt on the date of
cheque. Giving opportunity of leading evidence by both parties appears
necessary before granting interim compensation. This is not a fit case to
invoke discretionary powers conferred upon this court under section
143-A. Hence, I pass following order.
O R D E R
1) The application is rejected.
2) Order dictated and pronounced in open court.
3) Order be uploaded on Court Web Portal.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 02.02.2026 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 : 02.02.2026
Transcribed and Typed on : 02.02.2026
Order printed and Signed on : 02.02.2026
Order Uploaded on : 02.02.2026
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