Interim Order 1

Order Details: Copy of Order - 1
Pdf Text: ORDER BELOW EXHIBIT 1 IN C.C.NO. 669/SC/2026
1. Heard the learned advocate for the complainant. Perused
record and proceeding. It appears that this is a complaint case
u/s.138 of the Negotiable Instrument Act, 1881 (in short ‘the
N.I. Act).
2. Section 5 of the Bhartiya Nagrik Suraksha Sahinta, 2023
specifies that the said Sahinta shall not affect any special or
local law or any special form of procedure prescribed by any
other law. Needless to say that the N.I. Act is special law
relating to promissory notes, bill of exchange
and cheques. Section 142(1) of the N.I. Act empowers this
Court to take cognizance of the offence punishable under
Section 138 of the N.I. Act. Therefore, no notice is required to
be issued to the accused before issuance of process vide Section
223 of Bhartiya Nagrik Suraksha Sahinta, 2023.
3. Read the complaint and verification of the complainant on
affidavit and documents produced on record. The complainant
has made out prima facie case against the accused for the
offence punishable under Section 138 of the N. I. Act.
4. Therefore, issue process against the accused for the
offence punishable under Section 138 of the N.I. Act returnable
on 18/08/2026.
Judicial Magistrate, First Class
Date 07/07/2026 56th Court, Mazgaon, Mumbai
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