Interim Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180051042023
Summary Cases/5800439/2023
M/S. Bhagwan Fabrics Through Its Proprietor
Mr Kunal Prakash kukreja Vs. Linen Line
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.20
Captioned application is moved for granting an interim
compensation u/sec.143-A of the Negotiable Instrument Act.
2. Application is objected by the accused vide reply Exh.22.
3. Heard Advocate Ms. Mehernas Contractor for the complainant
and advocate Mr. Ramesh Dube for the accused.
4. The averments made in the complaint indicates agreement of
transaction of supply of fabric materials for the purpose of business
activities. The cheques in question are alleged to be issued in discharge
of outstanding liability for the price of material. Contention of
complainant is prima facie supported with various Tax Invoices and
Delivery challans coupled with disputed cheques. On perusal of reply
of accused except the statement that provision is not mandatory,
accused has not taken any specific defence to disbelieve the case of the
complainant. Thereby accused has admitted indirectly the transaction
in question and issuance of subject cheque.
5. The cheque in question is not mere piece of paper. The
document of Tax Invoices and Delivery Challans placed on behalf of
complainant supports averments made in the complaint. Complainant
company is holder of the negotiable instrument. The presumption
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2 Summary Cases/5800439/2023
Order below Exh.20
under section 118(a) and section 139 of the Act, will attracts in his
favour. There is more than sufficient prima facie evidence on record to
invoke the powers conferred upon this court and use the judicious
discretion in favour of complainant, considering the time to be taken
for final conclusion of the matter. No prejudice will be caused to the
accused who is already received the material for commercial purpose.
Hence, I pass following order.
O R D E R
1) The application is allowed.
2) The accused 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 : 04.07.2025 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 : 04.07.2025
Transcribed and Typed on : 04.07.2025
Order printed and Signed on : 04.07.2025
Order Uploaded on : 05.07.2025
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