Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180073012021 Summons Cases SS/5800719/2021
K R Textile Vs. Mitul S Sanghvi
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.44
This is an application filed on behalf of accused to direct the
complainant to produce complainant’s Bank Account Statement for
relevant period of three months from June to August 2017.
2. It is contended on behalf of accused that loan disbursed by IIFL
or given directly to the Swastik Construction which was agreed to be
shared in proportion of 35% to 65% by which Swastik Construction has
transferred the money to the complainant. Hence, this application at a
stage of hearing application of complainant for interim compensation.
3. Complainant resisted the application vide reply Exh.45.
Application is merely objected on account of stage of the trial.
4. Heard both sides.
5. Admittedly matter is pending for adjudication of interim
compensation. Application filed by the complainant under section 143-
A of the Negotiable Instrument Act. It is settled law by virtue of
judgment of Hon’ble Supreme Court in the case of Hon’ble Apex Court
in
Rakesh Rajan Shrivastava Vs. The State of Jharkhand & Anr that
court has to see prima facie case for invoking the jurisdiction under
section 143-A. Logic behind the same is that the provision is directory
and not mandatory. For arriving at certain conclusion court has to
evaluate the factual aspect in the controversy as well as prima facie
evidence on record.
6. In that context, if present application calling upon the
complainant to produce his bank account statement for relevant period
is taken into consideration, said statement appears to be a crucial
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Order Below Exh.44
document for determining existence of legally enforceable liability or
legal debt on the date of presentation of cheque. No prejudice would be
caused to the complainant, if he is directed to produce his bank account
statement. It will not at all amount asking a party to give incriminating
evidence against himself vitiating the process.
7. Section 91 of Code of Criminal Procedure empowers the court to
call upon such witness or certain document in whose possession the
same are whenever such document is necessary or desirable for the
purpose of any inquiry or trial or other proceeding at any stage. There
is no express bar for issuing summons or directing party to call upon
production of such document.
8. As stated above for determining existence of legal liability which
is sine qua non for attributing criminal liability under section 138, said
document of account statement appears to be necessary even at the
stage of passing order on interim application. Prima facie case within
the meaning of law includes and encompasses legal aspect of fair trial
with clear hands without suppressing material facts. Hence, I pass
following order.
ORDER
1. Application is allowed.
2. Complainant is directed to produce their bank account
statement for relevant period as called for.
3. Failure of producing Bank Account Statement may result in
drawing an adverse inference against the complainant.
4. Order dictated and pronounced in open court.
Mumbai, (M. P. Saraf)
Dated : 02.01.2026. Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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Order Below Exh.44
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 : 02.01.2026.
Transcribed and Typed on : 02.01.2026.
Order printed and Signed on : 02.01.2026.
Order Uploaded on : 02.01.2026.
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