Full Order Text
Order 1 · 07 Jul 2026 · CNR MHMM120057052026
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 -- 1 of 1 --