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2021 Supreme(Bom) 616

M.S.JAWALKAR
Fxp Fincon Pvt. Ltd. (opc) – Appellant
Versus
Peter Fernandes – Respondent


Advocates appeared:
C.A. Ferreira, Advocate, Shane Gomes Pereira, Advocate, Joaquim Godinho, Advocate, Manoj Jalmi, Advocate

JUDGMENT

M. S. Jawalkar, J. - At the request of and by consent of the learned Counsel for the parties, this Criminal Writ Petition is being disposed off.

2. The present Writ Petition is filed by the petitioners, challenging the order dated 12.11.2019, passed by learned Judicial Magistrate First Class, Mapusa in Case No. OA/496/NIA/2018/B.

3. It is submitted by Mr. C.A. Ferreira, the learned Counsel for the petitioners that respondent no. 1 had deposited the cheque in HDFC Bank, which was returned alongwith return memo with remark "Account Blocked". The respondent no. 1 issued notice to the petitioners. However, the said notice was not received by the petitioners as it was sent to an address, which the petitioners had already left, approximately an year ago. The respondent no. 1 filed complaint bearing Case No. OA/496/NIA/2018/B in the Court of the Judicial Magistrate First Class at Mapusa. The respondent no. 1 in the month of February, 2019 filed an application under Section 143-A of the Negotiable Instruments Act, 1881. The petitioners filed an application for interim compensation. The learned JMFC passed an order directing the petitioners to deposit 20% of the cheque amount.

4. It is

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