Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180076192022
Summary Cases/5800497/2022
MRS. ZAVER VILAS MARU Vs. M/S SHETHIA
CONSULTANCY
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.16
This is the application for an interim compensation filed
u/sec.143-A of the Negotiable Instrument Act.
2. It is contended on behalf of the complainant that he had
given loan of Rs.5 lakhs to the accused that is accused No.1
M/s.Shethia Consultancy. In discharge of said liability accused has
issued disputed two cheques of Rs.5 lakhs each. Accused objected the
application vide reply Exh.17. Accused has admitted advancing loan of
Rs.5 lakhs by the complainant but have denied the legal liability for rest
amount of Rs.5 lakhs.
3. Heard advocate Mr. Paras Vira for the complainant and
advocate Mrs. Anuradha Bagwe for the accused.
4. Before going to merits of the application, I have given
thoughtful consideration to the prima facie evidence on record that is
bank passbook and subject two cheques produced at Exh.21 and
Exh.22. Needless to state that loan of Rs.5 lakhs seems to be advanced
to the accused that is M/s.Shethia Consultancy, accused No.1.
Complainant has also filed complaint against legal entity that is
accused No.1 M/s. Sethia Consultancy of which other accused are
partners. Complainant has prosecuted all partners.
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Order below Exh.16
5. Now question crops up which cheque out of those two
cheques placed at Exh.21 and Exh.22 will prevail for considering the
legal aspect of granting interim compensation. In my view, the cheque
drawn on account of M/s.Shethia Consultancy that is accused No.1
placed at Exh.21 only will prevail at this juncture keeping aside the
legal value of cheque Exh.22 which is drawn on personal account of
Mr. Somil Panalal Shethia, accused No.4. The same appears to be part
of trial to decide existence of legal liability or obligation to honor the
cheque. In the facts and circumstances, granting compensation for both
cheques would not be just and proper nor equitable at this stage in
legal parlance.
6. The complainant would be entitled only for the interim
compensation for the cheque drawn on account of accused No.1
M/s.Shethia Consultancy against which the complaint is lodged.
Accused No.1 to 4 being partners of accused No.1 all are jointly and
severally liable to make payment of interim compensation to the
complainant. Hence, I pass following order.
O R D E R
1) The application is allowed.
2) The accused are directed to make payment of
20% of cheque amount of Rs.5 lakhs to the
complainant within 30 days from today.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 09.04.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.16
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 : 09.04.2025
Transcribed and Typed on : 09.04.2025
Order printed and Signed on : 09.04.2025
Order Uploaded on : 09.04.2025
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