Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180074012022 Summary Cases/5800505/2022
M/S INDOKEM LIMTED Vs. MR. RAVINDER
PRATAP SINGH
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.39
This is an application filed for granting an interim
compensation u/sec.143-A of the Negotiable Instrument Act.
2. It is contended that subject cheque is issued against the
liability of price of goods supplied to the accused. Accused has not
replied the demand notice etc.
3. Accused and his advocate failed to file reply despite giving
more than sufficient opportunity.
4. Accused and advocate absent. Already Non Bailable
Warrant pending against the accused.
5. In the light of above circumstances, question crops up
whether the complainant has prima facie established issuance of
cheque by the accused against alleged sale and purchase transaction?
6. The cheque is drawn on account of M/s. Jeet Traders of
which accused is Proprietor. The same is dishonored for reason ‘Funds
Insufficient’. Accused was given an opportunity to pay the cheque
amount by issuing demand notice. Apart from the cheque and demand
notice, the invoices produced on record supports the contention of
transaction. In view of extensive guidelines of Hon’ble Supreme Court
in the case of
Sanjabij Tari Vs. Kishor S. Borcar, 2025, SCC Online S.C.
2069 dated 25.09.2025, complainant has right to speedy trial. In view
of presumption under section 139 of the Act, existence of legal liability
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2 Summary Cases/5800505/2022
Order below Exh.39
this is a fit case for invoking powers conferred upon this court under
section 143-A of Negotiable Instrument Act. The trial will take its own
time for final adjudication of rights of the parties. Hence, I pass
following order.
O R D E R
1) The application is allowed.
2) 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 dictated and pronounced in open court.
4) Order be uploaded on Court Web Portal.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 28.11.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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 : 28.11.2025
Transcribed and Typed on : 28.11.2025
Order printed and Signed on : 28.11.2025
Order Uploaded on : 28.11.2025
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