Full Order Text
Interim Order 1 · 10 Jul 2025 · CNR MHMM180054712021
Order Details: Order Below EX 1 Pdf Text: MHMM180054712021 Summons Cases SS/5800594/2021 Anil Kumar Janardhan Prasad Vs. International Press Community IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW APPLICATION EXH.16 This is an application filed for granting an interim compensation u/sec.143-A of the Negotiable Instrument Act. 2. Accused No.1 to 4 failed to file their reply. 3. Heard complainant and advocate Ms.Devika Shukla for accused No.3 and 4. Advocate for accused No.1 and 2 absent. Heard accused No.2 in person. He submitted that if he is granted time, he will settle the matter. 4. Complainant has already filed his evidence affidavit on 08.05.2025. Till date accused are neither conducting cross examination nor making settlement. This compelled me to pass order. 5. It is contended on behalf of complainant that disputed cheques are issued for the re-reimbursement of work done by him for the accused No.1 Non-Governmental Organization conducting various activities in Mumbai. Complainant’s case is prima facie supported with the cheques Exh.28 and 29 drawn on account of accused No.1 to 4. Accused No.2 has not disputed issuing cheques and his signatures. In view of presumption under section 118(a) and section 139 of the Act, it will have been presumed that subject cheques are issued in discharge of legal liability. Letter issued by accused No.2 who seems to be President of International Press Community on 01.12.2018, indicates admitting -- 1 of 2 -- 2 Summons Cases SS/5800594/2021 Order below Exh.16 the liability. Therefore, considering the time span for final conclusion of the trial, complainant is entitled for interim compensation from accused Nos.1 and 2 being persons in charge and responsible for the administration of accused No.1 International Press Community. Hence, I pass following order. O R D E R 1) The application is allowed. 2) Accused No.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 : 10.07.2025 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 : 10.07.2025 Transcribed and Typed on : 10.07.2025 Order printed and Signed on : 10.07.2025 Order Uploaded on : 10.07.2025 -- 2 of 2 --
