Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180077722021 Summary Case No.5800068/2021
M/S KRIPA ELECTRONICS (INDIA) PVT. LTD.
Vs. M/S TRANCE INFOSOLUTIONS
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.13
This is the application for an interim compensation filed u/sec.143-
A of the Negotiable Instrument Act.
2. Accused actually failed to file reply within time and matter was to
be heard today without reply. However, reply given by the accused today
is taken on record at Exh.20 for giving fair chance of trial.
3. Heard advocate Dipak Kamble for the complainant and advocate
Karan Sing for the accused.
4. Complainant has came with a case of issuing subject cheques in
discharge of legal liability to pay the outstanding balance amount towards
supply of electronic goods. Accused have not denied transaction, issuance
of cheques or signature on the cheques. Reply of accused prominently
harp upon question of valid authorization of complaint for want of stamp
and date on Authority Letter.
5. Case of complainant as to supply of electronic material is supported
with E-way Bill and Invoices which corresponds to voluntary issuing
cheques in discharge of liability. Had it been not so, accused would not
have issued subject cheques to the complainant. Accused has even not
denied issuing cheques.
6. Prima facie evidence on record suggest alleged transaction in
between complainant and accused alongwith statement of outstanding
balance. Accused has not replied statutory demand notice to raise defence.
So far as defence of legal authorization for want of stamp is concerned,
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2 Summary Case No.5800068/2021
Order below Exh.13
that will not vitiate entire case of the complainant or disentitle the
complainant from getting fruits of statutory provision under section 143-A
of the Act. There is sufficient prima facie evidence on record to presume
success of the complainant during trial.
7. In view of above observations, in my opinion this is a fit case to
invoke powers conferred upon this court under section 143-A of the Act.
No prejudice will be caused to the accused, if they have to pay only 20%
of the cheque amount, as the trial may take its own time for final
adjudication. Hence, I pass following order.
O R D E R
1) The application is allowed.
2) Accused are directed to make payment of 20% of
cheques 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 : 24.09.2025 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 : 24.09.2025
Transcribed and Typed on : 24.09.2025
Order printed and Signed on : 24.09.2025
Order Uploaded on : 24.09.2025
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