Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180061772022
Summary Cases/5800432/2022
KARIM AMIRALI DAREDIA Vs. MR. ANEES IQBAL
KHATRI
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.26
1. This is the application for granting an interim
compensation filed u/sec.143-A of the Negotiable Instrument Act.
2. The application is contested by the accused vide reply
Exh.31.
3. Heard both sides.
4. It is the case of the complainant that out of friendly
relationship he had advanced money by way of hand loan to the
accused. The accused has issued subject cheque of Rs.5 lakhs against
said repayment of friendly loan. The same was dishonored and
returned unpaid. The accused failed to comply the demand made by
way of statutory notice which gave cause of action to file present
complaint. Accused has pleaded not guilty. Hence, this application.
5. As against it, the accused has denied existence of legal
liability. Accused has came with a case of part payment made to the
complainant prior to the filing of complaint.
6. On hearing both sides and perusing reply of the accused, it
is crystal clear that accused has not denied the alleged friendly loan
transaction by way of strict denial. The case raised by the accused as to
part payment made to the complainant, itself suggest existence of legal
transaction between both parties. The accused has not replied the
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Order below Exh.26
statutory demand notice issued by the complainant.
7. In the scenario, in view of presumption under section 139 and
118(a) of the Negotiable Instrument Act, there is reason to believe that
subject cheque is issued in discharge of legal liability towards the
accused. So far as the defence of making part payment and non
existence of legal liability, the same can be seen at the time of trial. The
cheque is not a mere piece of paper. Therefore, this is a fit case to
invoke the powers conferred upon this court under section 143-A of the
Act, looking into the further time span for concluding the trial.
Complainant has prima facie established his entitlement to an interim
compensation. Hence, I pass following order.
O R D E R
1) The application is allowed.
2) The 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 be uploaded on CIS.
4) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 05.06.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.26
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 : 05.06.2025
Transcribed and Typed on : 05.06.2025
Order printed and Signed on : 05.06.2025
Order Uploaded on : 05.06.2025
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