Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180080632024 Summary Cases/5800290/2024
Qureshi Asif Ali Jaffer Ali Vs. Francis Jerome
Dsouza
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.21
This is an application filed for granting an interim
compensation u/sec.143-A of the Negotiable Instrument Act.
2. It is contended of behalf of the complainant that he has
paid Rs.4,50,000/- as a security deposit under Leave and Licence
Agreement. Accused has issued subject cheque to refund said security
deposit on breach of contract.
3. Accused failed to file reply despite giving more than
sufficient opportunity since July, 2025.
4. Heard both sides.
5. Complainant’s case is supported with Registered Leave and
Licence Agreement dated 14.04.2022. The subject cheque is drawn on
account of accused. In view of section 139 and 118(a) of the
Negotiable Instrument Act, it will have to be presumed that subject
cheque was drawn in discharge of legal debt. Legal debt is prima facie
established by virtue of Leave and Licence Agreement. Accused has not
replied demand notice. 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. This is a fit case to invoke powers conferred upon this
court under section 143-A of the Negotiable Instrument Act granted
interim compensation. Considering the further time span of trial.
Strong case is made out for succeeding in trial. Hence, I pass following
order.
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2 Summary Cases/5800290/2024
Order below Exh.21
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 : 10.12.2025 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 : 10.12.2025
Transcribed and Typed on : 10.12.2025
Order printed and Signed on : 10.12.2025
Order Uploaded on : 10.12.2025
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