Interim Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180043752024 Summary Cases/5800163/2024
M/s Yash Enterprise Through Snehal Shirkar Vs.
Octagon Interior And Infra Pvt Ltd
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.20
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.33.
3. Heard both sides.
4. It is the case of the complainant that accused issued subject
cheque towards unpaid balance amount of the furniture purchased by
the accused from him.
5. Accused No.2 has came with a case of financial crises due
to heavy medial expenses and resignation of accused No.3.
6. One thing is quite clear from the reply of the accused that
accused has not denied issuance of the cheque or existence of legal
liability. Therefore, financial crises can not be the ground or
justification for dishonor of the cheque and subsequent failure to pay
cheque amount on demand. Complainant is not concerned with the fact
of resignation of accused no.3 one of director.
7. Complainant’s case of issuing subject cheque towards
outstanding balance of an amount of Rs.17,31,234/- is supported by
the prima facie documentary evidence placed on record. Cheque
Exh.22 is drawn on account of accused No.1 company of which
accused No.2 seems to be the sole responsible person for managing or
conducting its business. In view of extensive guidelines of Hon’ble
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Order below Exh.20
Supreme Court in the case of
Sanjabij Tari Vs. Kishor S. Borcar, 2025,
SCC Online S.C. 2069 dated 25.09.2025, complainant has right to
speedy trial. In view of presumption under section 139 of the Act,
existence of legal liability this is a fit case for invoking powers
conferred upon this court under section 143-A of Negotiable Instrument
Act. The trial will take its own time for final adjudication of rights of
the parties. Hence, I pass following order.
O R D E R
1) The application is allowed.
2) Accused Nos.1 and 2 are 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 : 06.11.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.20
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 : 06.11.2025
Transcribed and Typed on : 06.11.2025
Order printed and Signed on : 06.11.2025
Order Uploaded on : 06.11.2025
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