Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST
CLASS), 27TH COURT, MULUND, MUMBAI
ORDER BELOW EXH. 21 IN C.C. No. 188/SS/2019
Mahesh Vishandas Chandwani Vs. M/s. Shree Dental
Speciality Clinic and 1
1) This is an application filed by complainant
under section 143-A of The Negotiable Instrument Act
for interim compensation of Rs. 4,40,000/- i.e. 20% of
cheque amount. Perused the application, say of accused
and record.
2) It has stated in the application and submitted
by Ld. Advocate for the applicant Shri. S. R. Dubey that,
cheque was given for discharge legally enforceable debt
of Rs. 22 Lakhs. The cheque is dated 14/01/2019 bearing
no. 093209. The cheque was dishonored by the banker
of the accused. Hence, on 21/02/2019, demand notice
was issued. Accused did not pay. Hence, this complaint
filed. Accused is liable to pay Rs. 22 Lakh. Complainant
has made prima facie case against accused. Accused is
liable to pay interim compensation as claimed. Hence,
requested to allow the application.
3) Accused has submitted say at Exh. 22 and Ld.
Advocate for accused submitted that, complainant has
filed complaint for dishonor of cheque. Madras High
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Court recently highlighted that a court can not pass
order directing a person accused to pay interim
maintenance compensation unless it is supported by
reasons. Ld. Advocate further submitted that, she has
mentioned various judgments in the reply. Accused has
already paid Rs. 39,80,000/- with interest. Hence,
requested to reject the application.
4) In this matter, issue process has issued against
accused under section 138 of the Negotiable Instrument
Act and plea has recorded at Exh. 19 on 01/04/2024.
5) Ld. Advocate for the respondent relied on the
following judgments ;
a) Surinder Singh Deswal @ Col. Ss Deswal and
Others Vs. Virender Gandhi
b) Rakesh Ranjan Shrivastav Vs. The State of
Jharkhand and Anr, Criminal Appeal No. 741 of 2024 of
Hon’ble Supreme Court of India,
c) Ashok Kumar Vs. K. S. Ramesh (2020) 5 SCC 409,
d) Siddharth Vs. State of Uttar Pradesh (2021) 7 SCC
583,
e) T. K. Rangarajan Vs. Tamil Nadu Electricity Board
(2003) 1 SCC 176,
f) K. K. Verma Vs. M/s. M. S. Mehta (2018) 6 SCC 241,
g) Jagadish Ghosh Vs. Bank of India (2014) 11 SCC
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716.
6) I have gone through the above judgments. In
above judgments the principles of granting compensation
under section 143-A of Negotiable Instrument Act are
discussed.
7) In this case issue process order passed against
accused and thereafter, plea of accused persons recorded
on 01/04/2024. On perusal the complaint it appears that,
complainant has made prima facie case. Ld. Advocate for
accused submitted that, Rs. 4,55,500/- has transferred in
the account of accused before filing the complaint. It is
not say of accused that Rs. 4,55,500/- has transferred in
the account of complainant after filing the complaint.
Ld. Advocate for the complainant submitted that, the
amount Rs. 4,55,500/- has no concern with this case.
The cheque is of huge amount. Considering the
application, say and judgments relied by the accused, I
proceed to pass following order.
ORDER
1. Application is allowed.
2. Accused No. 1 and 2 shall pay Rs. 4,40,000/- (Rs.
Four Lakh Fourty Thousand Only) i.e. 20% of the cheque
amount within stipulated time in section 143-A of the
Negotiable Instrument Act.
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3. No order as to cost.
Date : 14/02/2025 (S.D.Chakkar)
mgn/- Judicial Magistrate (First Class)
27th Court, Mulund, Mumbai
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