Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180077312021
Summary Cases/5800065/2021
MARICO LIMITED Vs. TGS COCO PRODUCTS
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.41
1. This is an application for an interim compensation
u/sec.143-A of the Negotiable Instrument Act.
2. It is contended on behalf of the complainant that accused
has issued the cheque in question against the legal liability. The matter
may take its own time for final hearing. Hence, this application.
3. The accused has objected the application on various
grounds vide detailed reply at Exh.45.
4. Heard advocate Mr. Shabwani for the complainant and
advocate Mr. Ramesh Yadav for the accused.
5. The main ground taken by the accused is as to the denial
of signature on the disputed cheque. Secondly, accused has taken
defence of no legal liability as the bank guarantee is encashed by the
complainant.
6. Even though the accused has denied the cheque in
question and signature over the cheque, the same is part of evidence to
be seen at the time of trial. The copy of processing Agreement dated
10.06.2019, bank guarantee dated 15.06.2019 etc., clearly shows that
there was alleged transaction in between complainant and accused. If
letter dated 26.07.2021 sent by the accused addressed to the
-- 1 of 3 --
2 Summary Cases SS/5800065/2021
Order below Exh.41
complainant is perused, the same shows handing over of cheque
No.930233 for an amount of Rs.92,94,246/- in favour of the
complainant. Therefore, it can not be said right now that there is no
legally enforceable liability in existence on the part of the accused.
7. The evidence on record prima facie established the
transaction in between the complainant and accused coupled with
existence of legal liability. The cheque in question has presumptive
value under section 139 of the Negotiable Instrument Act. The
mandatory statutory notice under section 138(b) is duly served upon
the accused. Hence, in my view this is a fit case to invoke the
discretionary powers conferred upon this court under section 143(a) of
the Negotiable Instrument Act, considering the time span for
completion of the trial. Hence, I pass following order.
O R D E R
1) The application is allowed.
2) The accused is directed to make payment of 20%
of cheque amount within 60 days to the
complainant as an interim compensation.
3) Order be uploaded on CIS.
4) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 06.11.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
-- 2 of 3 --
3 Summary Cases SS/5800065/2021
Order below Exh.41
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 : 06.11.2024
Transcribed and Typed on : 06.11.2024
Order printed and Signed on : 06.11.2024
Order Uploaded on : 06.11.2024
-- 3 of 3 --