Interim Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180115292022
Summary Cases/5800690/2022
MR. ATUL SINGH JAMUVAL Vs. M/S PRAKASH GROUP
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.35
This is an application for interim compensation filed under
section 143-A of the Negotiable Instrument Act, 1881.
2. Accused objected the application vide reply Exh.36.
3. Heard advocate Amit Surve for the complainant and advocate
Shushil Pandey for the accused.
4. It is the case of the complainant who is represented through his
wife that a friendly loan of Rs.1 crores is advanced to the accused vide
a cross cheque. Per contra accused have denied the transaction and
existence of legal liability. Alternatively, accused have came with a case
of obtaining signatures on blank papers etc.
5. Complainant has produced bank Passbook and bank account
statement maintained with Union Bank of India. Entry dated
26.08.2015 indicates transfer of Rs.1 crores to the accused by cheque.
The bank account statement further shows some entries of receiving
part amount of Rs.3,37,500/- towards an interest as agreed upon
between the parties. Therefore, mere denial of transaction will not
substantiate the defence of the accused or would be sufficient prima
facie case to presume the defence probable. Accused has not given
notice reply to the demand notice.
-- 1 of 3 --
2 Summary Cases/5800690/2022
Order below Exh.35
6. Even though there is oral Agreement, the Agreement seems to be
acted upon by the further conduct of paying an amount of interest
reflected in the bank account statement. Oral Agreements are not
barred under Law of Contract in India. Cheque appears to be drawn on
account of accused No.1. In view of section 139 and 118(a) of the
Negotiable Instrument Act, there is more than sufficient prima facie
evidence to substantiate the case of the complainant.
7. It is submitted on behalf of accused that the transaction is of the
year 2015 and the same is time barred. The submission appears
baseless, illogical considering the date of issuance of cheque which
itself is an acknowledgment within the meaning of Law of Limitation
and Law of Contract. This is a fit case supported with prima facie
evidence to invoke discretionary powers conferred upon this court. A
huge amount is involved in the transaction. The trial will take its own
time to come to final conclusion. Hence, I pass following order.
O R D E R
1) The application is allowed.
2) The accused are 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 : 28.07.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
-- 2 of 3 --
3 Summary Cases/5800690/2022
Order below Exh.35
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 : 28.07.2025
Transcribed and Typed on : 28.07.2025
Order printed and Signed on : 28.07.2025
Order Uploaded on : 29.07.2025
-- 3 of 3 --