Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180054782022 Summary Case No.5800416/SS/2022
MR. MOHD. BADRE ALAM S/O MOHD. KAFIL
SHAIKH Vs. PRAVIN KUMAR SHIVANAND
ZHA
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.25
This is an application filed u/sec.143-A of the Negotiable
Instrument Act, for granting an interim compensation.
2. It is contended on behalf of the accused that subject cheque is
issued in discharge of liability to pay the price of Travel bags supplied
to the accused worth Rs.1,67,520/-.
3. Despite giving more than sufficient opportunity, accused and his
advocate failed to file reply. Today also accused and advocate absent.
Considering statutory right guaranteed under section 143(3) of the
Negotiable Instrument Act, I have passed the order on the basis of
available evidence on record.
4. To substantiate contention of supplying various Travel bags,
complainant has relied upon carbon copies of various bills. Cheque
Exh.22 is drawn on account of accused and issued in favour of
complainant. The accused has not replied demand notice dated
20.05.2022 alleged to be sent to the accused by Registered Post.
5. More than prima facie evidence available on record to consider
the existence of legal liability on the basis of disputed cheque against
accused. At present presumption under section 118(a) and 139 is in
favour of complainant. Final conclusion of the trial will take its own
time. This is a fit case to invoke powers conferred upon this court under
section 143-A, considering the fact of not filing reply by the accused.
Hence, I pass following order.
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2 Summary Case No.5800416/SS/2022
Order below Exh.25
O R D E R
1) The application is allowed.
2) 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 : 11.03.2026 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 : 11.03.2026
Transcribed and Typed on : 11.03.2026
Order printed and Signed on : 11.03.2026
Order Uploaded on : 11.03.2026
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