Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180060072018
Summons Cases SS/537/2018
M/s. Club Aquaria Enterprises Vs. Abhishek Bavalekar
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.42
1. This is the application for an interim compensation filed
u/sec.143-A of the Negotiable Instrument Act.
2. Accused have objected the application vide detailed reply
Exh.43.
3. Heard both sides. Before going to the merits of the
application, it is pertinent to note that the complaint under section 138
of the Negotiable Instrument Act is filed on 13.11.2017 that is prior to
amendment of the Act by insertion of section 143-A. The provisions
under section 143-A is inserted with effect from 01.09.2018. It is but
obvious being criminal remedy and nature of litigation, the amendment
brought by way of insertion of section 143-A of the Act is prospective in
nature. The Act has not given retrospective effect to the provision to
apply the same to the pending matters. Therefore, on this legal point
the application deserves to be rejected. Hence, I pass following order.
O R D E R
1) The application is rejected.
2) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 01.02.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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2 Summons Cases SS/537/2018
Order below Exh.42
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 : 01.02.2025
Transcribed and Typed on : 01.02.2025
Order printed and Signed on : 01.02.2025
Order Uploaded on : 01.02.2025
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