Interim Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
C.C.No.1739/SS/2018
ORDER BELOW EXH.9
The complainant filed the application for interim
compensation. According to the complainant, the Court pleased to
issue process against the accused u/sec.138 of the Negotiable
Instruments Act. The accused appeared before the Court and released
on the bail. As per amendment in Sec.143A of the Negotiable
Instruments Act, the complainant is entitled to get 20% amount of the
subject cheque. Hence, prayed to allow the application.
2. The accused filed the say at Exh.13 and opposed the
application. According to the accused the complaint is false, frivilous
and devoid of merit. The accused has no any liability. The accused has
not issued subject cheques towards the legal liability. According to the
accused, he has given reply to the demand notice and raised the issue
that the blank cheque of the accused was obtained for arrangement of
finane for his business and misused. The complainant also lodged the
complaint to Police Station Bandra Kurla(E.). Police called the accused
and recorded the oral and written statement of the accused. Police
found no material. Hence, the police have taken no action. The case is
based on the fake invoice. It is filed to harass the accused. Therefore,
the interim compensation order is not desirable to be passed. The
complainant mislead the Court on the basis of cheque. Hence, prayed
to reject the application.
3. Heard the Ld. Counsel for the parties. The complainant
relied on the Judgment of "Ajay Vinodchandra Shah V/s. The State of
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Maharashtra and another" decided by the Hon'ble Bombay High Court
on 14.03.2019. Thereafter, the issue decided by the Hon'ble Supreme
Court in “G.J.Raja V/s. Tejraj Surana” decided on 31.07.2019. It is
held by the Hon'ble Supreme Court that Sec.143A of the Negotiable
Instrument Act is applicable prospectively.
4. The accused claimed that he has issued the subject cheques
for arranging the finance. The complaint comes before the Court with
the case that there was diamond transaction within the parties and to
discharge the said liability the accused issued the subject cheque. As
per Sec.118 of the Negotiable Instruments Act it is presumed that the
cheque is issued for the consideration amount. The object of
incroporating Sec.143A of the Negotiable Instruments Act is to give the
relief to the complainant at interim stage as the accused dragged the
proceeding so long. The provision of Sec.138 of the Negotiable
Instruments Act is incroporated with the object to create faith of the
people on the Negotiable Instruments specifically on the cheque. The
present complaint is filed on 15.11.2018. The demand notice is issued
in the prsent case on 28.09.2018. It shows that the cause of action arise
to the complainant after 01.09.2018 i.e. after coming into enforcement
of the amendment u/sec.143A of the Negotiable Instruments Act. As
per the provision incorporated by the legislature, the complainant is
entitled to get the interim compensation upto 20% amount of the
cheque. In this matter, there are two cheques. Total amount is
Rs.2,02,41,265/. It is the huge amount. The accused has not disputed
the signature and issuance of the cheque. Considering the nature of the
provision, liability and it is the interim compensation refundable after
acquittal. In view of the huge amount of the cheque, it is just to impose
the interim compensation with reasonable amont. Hence,
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considering the nature of amount and liability to pay the said amount
within 60 days from the date of the order, it is just to order 5% of the
cheque amount. Hence, I pass the following order
O R D E R
1. The application is allowed.
2. The accused is ordered to pay the interim compensation to
the complainant U/sec.143A of the Negotiable Instruments
Act to the extent of 5% amount of the subject cheques
within 60 days from the date of this order.
3. Incase of failure of the accused, the complainant is directed
to file the separate miscellaneous proceeding for
enforcement of the said order.
Mumbai, (P. V. Bulbule.)
Dated : 08.11.2019. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
kdc
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