Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180040082021 Summons Cases SS/5800518/2021
MRS. SUNITA ANIL ANNAREDDY Vs.
SHAHEEN SARFARAZ AHMED KHAN
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.21
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.17,
contending that said provision is not mandatory.
3. Heard advocate Seema Singh for the complainant and
advocate D.B.Rakshaskar holding for advocate Sudhir Khatu for the
accused.
4. Complainant has filed her evidence affidavit and original
documents on record. Matter is for cross examination since 20.10.2023.
Today again adjournment application moved on behalf of accused.
There is reason to believe that accused is prolonging the trial which
compelled this court to pass an order on present application.
5. Complainant has came with a case of advancing friendly
loan for marriage of sister’s daughter of the accused and gave present
cheque in discharge of said liability. No case in defence is made out by
the accused vide reply Exh.17 except the submission that provision is
not mandatory. Cheque Exh.16 is drawn on account of accused.
Therefore, there appears no water in the defence of the accused that
she has not signed the cheque. Mandatory demand notice is sent to the
accused which is returned with postal remark ‘Not Known’. This is
more than sufficient to draw an inference of transaction in between the
parties. In view of section 139 of the Act, the presumption would fall
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2 Summons Cases SS/5800518/2021
Order below Exh.21
in favour of complainant. Therefore, considering the prima facie
evidence on record complainant is entitled for interim compensation.
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 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 : 14.08.2025 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 : 14.08.2025
Transcribed and Typed on : 14.08.2025
Order printed and Signed on : 14.08.2025
Order Uploaded on : 14.08.2025
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