Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180062002022 Summary Cases/5800455/2022
MR. MOHD. AYUB YASIN SOLANKI Vs.
MOHAMMED AKRAM SHAIKH
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.24
This is an application filed for granting an interim compensation
u/sec.143-A of the Negotiable Instrument Act.
2. Accused objected the application vide detailed reply Exh.27.
3. Heard advocate Mohd. Wasid Qureshi for the complainant and
Ali Saheb Shaikh for the accused.
4. It is the case of the complainant that he had friendly relations
with accused since childhood. In the month of August 2016 accused
had financial problems. Therefore, he lent money of Rs.10 lakhs for 2
years to the accused. Accused issued subject cheque in discharge of
said liability. Per contra, accused has came with a defence of illegal
money lending transaction, advancing loan of only Rs.2,50,000/- and
making payment more than that amount. Accused has a defence of
misuse of his blank singed cheque issued towards security, non
existence of legal liability etc.
5. There is nothing on record to accept contention of complainant
as to advancing of loan of Rs.10 lakhs as per description except subject
cheque on record. It apprises that accused replied statutory notice
issued by complainant and raised the defence of total denial of
transaction. The notice reply issued by the accused is not countered or
denied by issuing rejoinder on behalf of complainant. On perusal of
cheque Exh.15, it apprises that the signature of accused is in black ink
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Order below Exh.24
and rest of the contents are written in blue ink. Prima facie there is
reason to believe that accused has issued blank signed cheque.
6. Advocate for complainant drawn my attention towards
presumption under section 139 and 20 of Negotiable Instrument Act,
which gives right to the holder of the instrument to complete inchoate
instrument.
7. So far as presumption under section 139 is concerned, the same
is rebuttable presumption. The presumption can be rebutted during the
trial and not at this juncture. At this juncture, except cheque in
question there is nothing to accept advancing loan Rs.10 lakhs out of
childhood friendship. The evidence on record is not prima facie
sufficient to exercise the powers conferred upon this court under
section 143-A, which itself is discretionary in nature. Considering rival
submissions of the parties, it would be just and proper to direct the
parties to go for trial instead of awarding interim compensation only on
the basis of subject cheque. Hence, I pass following order.
O R D E R
1) The application is rejected.
2) Order dictated and pronounced in open court.
3) Order be uploaded on Court Web Portal.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 08.10.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.24
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 : 08.10.2025
Transcribed and Typed on : 08.10.2025
Order printed and Signed on : 08.10.2025
Order Uploaded on : 09.10.2025
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