Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180079832019
Summons Cases SS/5801196/2019
EKNATH WAMAN BONSODE Vs. UDAY
SHANKAR MOHITE
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA,
MUMBAI
ORDER BELOW APPLICATION EXH.10
1. This is an application filed u/sec.143(A) of the Negotiable
Instrument Act for getting Interim Compensation.
2. The accused objected the application vide reply Exh.11. It is
contended that complainant is doing illegal money lending business. He has
repaid entire loan obtained from the complainant. The cheques are obtained
forcibly from him. Accordingly, he has filed complaint before the concerned
police station against the complainant.
3. Heard both sides.
4. Perused complaint Exh.01. The averments made in the
complaint discloses that entire amount of alleged loan seems to be paid in
cash by the complainant to the accused. The accused is denying issuance of
cheques voluntarily for and in discharge of alleged legal liability. The legal
liability is in question. Prima facie the averments made in the complaint
indicates the necessity of leading evidence by the complainant to prove
alleged cash transactions and subsequent legal liability. In the facts and
circumstances, this court do not deem fit to invoke inherent powers conferred
upon this court under section 143(A) of the Negotiable Instrument Act to
grant any interim compensation merely on the basis of subject cheques on
record. The presumption under section 139 and 118(a) of the Act will not
come into play as the same is rebuttable presumption and the legal aspect of
legal liability, issuance of cheques in discharge thereof is in dispute. There is
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… 2 … Summons Cases SS/5801196/2019
Order Below Exh.10
prima facie reason to consider the defence of the accused looking into
complaint filed against the complainant. Therefore, this is a fit case wherein
before granting interim compensation, the parties needs to be directed to go
for trial and lead evidence. Hence, I pass following order.
ORDER
1. The application is rejected.
2. Order dictated and pronounced in open court.
Mumbai, (M. P. Saraf)
Dated : 19.04.2024. Metropolitan Magistrate,
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 : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 19.04.2024.
Transcribed and Typed on : 19.04.2024.
Order printed and Signed on : 19.04.2024.
Order Uploaded on : 19.04.2024.
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