Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180042152022
Summary Cases/5800324/2022
CHETAN JAYWANT DESHMUKH Vs. ASHOK
KISAN GIRAMKAR
IN THE COURT OF METROPOLITAN MAGISTRATE, 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 subject
cheque is issued against the repayment of Rs.8 lakhs which was paid to
the accused against booking amount of room. Hence, this application.
3. The accused appeared and his plea was recorded at Exh.12
on 04.02.2023. Present application is moved on 20.09.2023. Despite
giving sufficient opportunity the accused failed to file reply and as such
‘no say’ order came to be passed on 24.09.2024. Thereafter,
complainant has adduced his oral and documentary evidence. The
accused and his advocate remained absent and as such Non Bailable
Warrant is pending against him.
4. The complainant has produced his bank account statement
at Exh.16 for showing the amount paid to the accused. The
Memorandum of Understanding Exh.17 confirms the transaction in
between the parties as alleged by the complainant. Even though there
is no signature of accused on the draft copy of Memorandum of
Understanding, in absence of reply and failure to context application,
there is reason to believe the alleged transaction between the parties.
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Order below Exh.13
5. Complainant has produced subject cheque at Exh.19. The
signature of accused on the cheque and plea recorded at Exh.12, Bail
Bond at Exh.11 appears same and identical. Therefore, there is reason
to believe that subject cheque was issued in discharge of legal liability
by the accused. By remaining absent accused is avoiding trial. This is a
fit case to invoke powers conferred upon this court under section 143-A
of the Negotiable Instrument Act, considering the time span of trial.
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 30 days from today to
the complainant as an interim compensation.
3) Order be uploaded forthwith on CIS as the same
is passed in absence of accused and his advocate.
4) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 18.11.2024 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 : 18.11.2024
Transcribed and Typed on : 18.11.2024
Order printed and Signed on : 18.11.2024
Order Uploaded on : 18.11.2024
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