Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180038212020
Summons Cases SS/5800799/2020
DR KEDAR GANLA Vs. SOMENDRA SARASWAT
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.13
1. This is an application for an interim compensation u/sec.143-A of
the Negotiable Instrument Act.
2. It is contended on behalf of the complainant that complainant is
doctor by profession. The accused induced him to make investment of
Rs.20 lakhs with a hope of giving chance to make operations in their
institute. The accused is Proprietor and director of Geo Health Care
Pvt. Ltd. Accordingly, the complainant invested Rs.20 lakhs by NEFT in
the account of Geo Health Care Pvt. Ltd. He has also paid some amount
in cash to Neha Saraswat, wife of accused with intention of getting
licence required for medical job/assignment in Ethiopia. On failure, the
accused has issued subject cheque for repayment of said amount.
Hence, this application.
3. Perused reply of the accused filed at Exh.29 and written notes of
arguments at Exh.34. The accused has taken stand of forging his
signature on the cheque and denied liability.
4. Heard both sides.
5. The reply of the accused shows that accused has not denied the
transaction. Except the defence of forgery as to the signature on the
subject cheque, there is no other defence raised by the accused. The
complainant has annexed photo copy of his bank statement which
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Order below Exh.13
shows making payment of Rs.20 lakhs. There is no specific denial by
the accused in respect of the transaction in question. So far as defence
of forging signature is concerned that is part of trial.
6. The complainant has adduced his affidavit of evidence. Matter is
pending for cross examination. Plea of accused is recorded on
03.10.2022. Considering the prima facie evidence on record, there is
reason to believe the case of the complainant as to giving Rs.20 lakhs to
the accused with a hope to get licence and opportunity of performing
operations in the Geo Health Care Pvt. Ltd. run by the accused.
Therefore, in my view, this is a fit case to invoke the powers conferred
upon this court under section 143-A of the Act to grant an interim
compensation. Considering further time span of trial, exercising the
powers would not be wrong exercise of judicial discretion. Hence,
Hence, I pass following order.
O R D E R
1) The application is allowed.
2) The accused is directed to make payment of 20%
of cheque amount within 60 days 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 : 19.10.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.13
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 : 19.10.2024
Transcribed and Typed on : 19.10.2024
Order printed and Signed on : 19.10.2024
Order Uploaded on : 19.10.2024
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