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Order 1

CNR MHMM19002631201917 Oct 2019
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Order 1 · 17 Oct 2019 · CNR MHMM190026312019

Pdf Text: 1 C. C. No. 567/SS/2019
ORDER BELOW APPLICATION U/S.143A OF N.I. ACT.
1. This is an application made by complainant under Section
143A of Negotiable Instrument Act with the prayer that accused be
directed to pay 20 % of cheque amount towards interim compensation
to complainant.
2. Accused was called upon to file say on this application.
However, till today say is not filed.
3. Heard ld. Advocate for complainant. ld. Advocate for
accused was also present. He orally submitted that minimum interim
compensation may be awarded.
4. From the oral submission sof ld. Advocate for accused one
fact is clear that he has no objection to allow the interim compensation.
But no reason assigned for awarding minimum interim compensation.
If there are no valid reason for awarding interim compensation, then
there is no question to accept the prayer.
ORDER
i. Accused is hereby directed to pay 20 % of cheque amount
to the complainant as interim compensation under Section
143 A (1) of Negotiable Instrument Act, within 60 days
from the date of this order.
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2 C. C. No. 567/SS/2019
ii. Complainant to file undertaking that if the accused is
acquitted, he will repay the said amount to the accused
with interest at the bank rate as published by the Reserve
Bank of India prevalent at the beginning of the relevant
financial year, within 60 days from the date of the order.
Sd/
(Ketaki M. Chavan)
Metropolitan Magistrate,
Date : 17/10/2019 63rd Court, Andheri, Mumbai.
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