Order 2

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.1718/SS/2018
M/s. Nascent Organics V/s Suvarna Additives Pvt.Ltd.,
ORDER PASSED ON APPLICATION FOR ATTACHMENT OF PROPERTY
AND RECOVERY OF INTERIM COMPENSATION AMOUNT
(Passed on 17/05/2025)
The complainant filed this application for attachment of property
and recovery of compensation amount on the ground that this Court
was pleased to allow the interim compensation under section 143 (A) of
Cr.P.C. to the complainant. However, the cheque issued by the accused
were dishonoured and therefore, this application came to be filed.
2. Per contra, the learned advocate for the accused submitted
that no order under section 143 (A) of Negotiable Instrument Act has
been passed in this matter and therefore, this application is not tenable.
3. Having heard the learned advocates for both the sides, I
perused the record.
4. At the out set, it is pertinent to note here that the
complainant has mentioned in this application that this Court was
pleased to allow the interim compensation under section 143 (A) of
Cr.P.C. In fact, no such interim order can be granted under section 143
(A) of Cr. P.C. Thus, prima facie it appears that this application is not
tenable as the complainant has mentioned the incorrect provisions of
law.
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5. Moreover, the record shows that this Court has not granted
any interim compensation under section 143 (A) of the Negotiable
Instrument Act. Hence, there is no question to attach the property for
non-compliance of the order. Thus, this application is vague and it is
based on misleading facts. Hence, I pass the following order:
ORDER
The application stands rejected.
Sd/-
( Sujitkumar C. Tayde )
Judicial Magistrate First Class,
Date :- 17/05/2025 44th Court, Andheri, Mumbai.
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