Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180122082022
Summary Cases/5800794/2022
M/S SHARDA AGENCY Vs. UNIQUE REHAB PVT. LTD.
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.17
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
complainant has supplied some construction material to the accused
against which the cheque in question is issued. The cheque is
dishonoured. The accused has pleaded not guilty and claimed to be
tried. Hence, this application.
3. The advocate for the accused fairly submitted to pass
appropriate order.
4. Heard both sides.
5. It is the case of the complainant that complainant had
supplied some construction material to the accused. The case of
complainant is prima facie supported with the Tax Invoices and delivery
Challan’s produced on record. The accused have not replied the
statutory notice issued on behalf of the complainant. The prima facie
evidence on record is sufficient to held alleged sale transaction between
the parties with resultant legal liability. Issuance of cheque is not
disputed. In the facts and circumstances, considering the time span for
final conclusion of the complaint, it is necessary to invoke powers
conferred upon this court under section 143-A of the Negotiable
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Order below Exh.17
Instrument 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.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 21.11.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.17
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 : 21.11.2024
Transcribed and Typed on : 21.11.2024
Order printed and Signed on : 21.11.2024
Order Uploaded on : 21.11.2024
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