Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180073442023
Summary Cases/5800530/2023
ANZAR EBRAHIM DARVESH ENTERPRISES Vs.
ADIL YUSUF PATEL
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA,
MUMBAI
ORDER BELOW APPLICATION AT EXH.27
1. This is an application filed u/sec.143(A) of the Negotiable
Instrument Act for Interim Compensation by the complainant.
2. Accused objected the application vide detailed reply.
3. Heard both sides.
4. It is contended on behalf of the complainant that subject
cheques are issued by the accused against the agreed consent terms came to
be filed in another court proceeding. All the cheques are dishonoured except
only two cheques worth Rs.25 lakhs and Rs.50 lakhs out of 5 cheques given
as per consent terms. Per contra advocate for the accused submitted that the
complainant has not obeyed the terms and conditions of the consent terms.
The complainant was supposed to withdraw the IPC proceeding as well as
Commercial Suit filed against the accused. Therefore, there is no legal debt
or enforceable liability on the part of accused.
5. On hearing both sides, it is not in dispute that both parties have
arrived at amicable settlement in another court proceeding and executed the
consent terms. The subject cheques are issued by the accused according to
the terms and conditions mentioned in said consent terms. Out of the
cheques given as per the consent terms only two cheques of Rs.25 lakhs and
Rs.50 lakhs are honoured by the accused. Rest of all cheques are
dishonoured. Now it is the contention of the accused that due to non
compliance of agreed terms, he has not honoured subsequent cheques. Said
contention of the accused appears a crocodile’s tears. The accused was very
well known about his legal liability against which he entered into the
-- 1 of 3 --
2 Summary Cases/5800530/2023
Order Below Exh.27
agreement of consent terms. This is more than sufficient to draw prima facie
inference of existence of legal liability towards the accused. Therefore, it can
not be said that subject cheques are not issued against any legal liability or as
on date of the cheques legal debt was not in existence on the part of accused.
6. Needless to state that presumption under section 139 and 118(a)
of Negotiable Instrument Act, is in favour of holder in due course of the
cheques. The presumptions of law even though are rebuttable presumptions,
prima facie evidence on record is more than sufficient to say that the case of
complainant is more stronger than the probable defence of the accused. The
evidence on record prima facie indicates that the case of the complainant is
likely to be succeeded during the trial. Therefore, this is a fit case to invoke
the powers conferred upon this court under section 143(a) of Negotiable
Instrument Act. The amount involved in the transaction indicated by the
cheques is huge one. The basic object of the Act will have to be considered
while exercising the jurisdiction under section 143(a). The case will take it’s
own time for final adjudication. Hence, in the interest of justice, I pass
following order.
O R D E R
1) The application is allowed.
2) The accused to pay 20% of cheque amount towards
interim compensation to the complainant within 60
days from today.
3) Order dictated and pronounced in open court and
same be uploaded on CIS as and when transcribed.
( M. P. Saraf )
Metropolitan Magistrate,
Date : 10.05.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
-- 2 of 3 --
3 Summary Cases/5800530/2023
Order Below Exh.27
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 : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 10.05.2024.
Transcribed and Typed on : 10.05.2024.
Order printed and Signed on : 10.05.2024.
Order Uploaded on : 10.05.2024.
-- 3 of 3 --