Interim Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180088182023
Summary Cases/5800614/2023
Rajendra P Shete Vs. Shrikant Chandrakant More
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.20
Vide captioned application complainant is claiming an
interim compensation u/sec.143-A of the Negotiable Instrument Act.
2. Accused objected the application vide reply Exh.27 on the
ground of no written Agreement of Leave and Licence, cheque issued in
duress, existence of liability etc.
3. Heard both sides.
4. Complainant has came with a case of letting of premises to
the accused. Needless to state that there is no written Agreement of
Leave and Licence with the accused. However, on the basis of oral
Agreement, accused has kept their machinery and occupied the
premises. Accused is contending denial of liability on account of
starting of COVID-19 pandemic and detaining material by the
complainant. This is more than sufficient to infer that the parties have
entered into the transaction.
5. Accused have came with a case of issuing subject cheque
under duress in the police station. So far as defence of the accused is
concerned, the same will require evidence to be adduced by the
accused to that effect. At this juncture there is reason to believe
issuance of cheque by the accused in favour of complainant drawing
presumption of law as to issuing cheque for consideration under
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2 Summary Cases/5800614/2023
Order below Exh.20
section 118(a) and 139 of the Negotiable Instrument Act. Accused has
not replied statutory notice to substantiate his defence. In the facts and
circumstances, complainant has established strong prima facie case to
succeed during the trial. The matter will take its own time for final
adjudication. This is fit case to invoke discretionary powers conferred
upon this court under section 143(a) of the Act. 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 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 : 02.07.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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3 Summary Cases/5800614/2023
Order below Exh.20
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 : 02.07.2025
Transcribed and Typed on : 02.07.2025
Order printed and Signed on : 02.07.2025
Order Uploaded on : 02.07.2025
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