Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180102242022
Summary Cases/5800743/2022
PINKY DINESH JADHAV Vs. JAYWANTI SOLANKI
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.26
1. This is the application for an interim compensation
u/sec.143-A of the Negotiable Instrument Act.
2. It is contended on behalf of the complainant that she had
given friendly loan of Rs.3 lakhs to the accused for the medical
treatment in cash. Accused was to repay the same within 12 months.
She had given subject post dated cheque in token of surety and
assurance. Same was dishonoured. Accused pleaded not guilty and
claimed to be tried. Hence this application.
3. The accused has objected the application vide detailed
reply at Exh.27.
4. Heard both sides.
5. On perusal of averments made in the application by the
complainant, it shows that the friendly loan of Rs.3 lakhs was given for
a period of 12 months, on oral agreement in between the parties. The
averment further shows that subject cheque was issued as a post dated
cheque towards security and assurance of repayment of said loan. The
accused have taken defence of money lending business and giving loan
on interest.
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Order below Exh.26
6. Though the cheque is issued towards security and post
dated cheque, it is not worth a piece of paper. The accused has not
replied the demand notice and taken the alleged stand of illegal money
lending business. In the facts and circumstances, in view of section 139
of the Negotiable Instrument Act, the presumption though rebuttable,
will follow in favour of the complainant. In absence of any contrary
evidence at this stage, the defence of the accused can not be accepted
as a probable defence. The trial will take its own time to conclude the
rights of the parties. This is a fit case wherein the averments made by
the complainant are supported with prima facie evidence of cheque in
question and demand notice. 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 be uploaded forthwith on CIS.
4) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 12.12.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.26
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 : 12.12.2024
Transcribed and Typed on : 12.12.2024
Order printed and Signed on : 12.12.2024
Order Uploaded on : 12.12.2024
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