Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180035442022
Summary Cases/5800263/2022
MR. SUSHIL KUMAR SWAMINATH UMAR VIASH Vs. MR. ABDULAA
CHOUDHARY PROPRIETOR OF NICE BUILDERS AND DEVELOPERS
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.37
This is the application for granting an interim compensation filed
u/sec.143-A of the Negotiable Instrument Act.
2. Accused failed to file reply despite giving more than sufficient
opportunity.
3. Heard both sides.
4. Today advocate for accused shown ready and willingness to pay
the cheque amount instead of cross examining the witness. In fact,
complainant and advocate opposing the proposal given by the accused
on account of false promises. In the scenario, this court is compelled to
pass orders on interim compensation application.
5. The averments made in the complaint by the complainant are
supported with the documentary proof of receipts issued by the accused
to the complainant. Complainant has also filed evidence affidavit and
subject two cheques issued by the accused. There is more than
sufficient evidence on record to held prima facie existence of legal
liability against the accused. The cheques have presumptive value
under section 139 of the Act. Advocate for accused by submitting and
showing his willingness had added sugar to milk. Therefore, this is a fit
case to invoke powers conferred upon this court to grant interim
compensation
pendente lite hearing the matter. Hence, I pass following
order.
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2 Summary Cases/5800263/2022
Order below Exh.37
O R D E R
1) 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 an interim compensation.
3) Order be uploaded on CIS.
4) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 24.06.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.37
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 : 24.06.2025
Transcribed and Typed on : 24.06.2025
Order printed and Signed on : 24.06.2025
Order Uploaded on : 25.06.2025
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