Interim Order 1

Order Details: Order Below EX 1
Pdf Text: 1 Case No.18/SC/2022.
MHMM180002522022
IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
AT COURT NO.58, BANDRA, MUMBAI
Summary Case No.18/SC/2022
Sika India Private LImited
(The Then Apurva India Private Limited) ...Complainant.
V/s.
1. Sai Site Plan Engineers and Ors. ...Accused.
ORDER BELOW EXHIBIT- 1
Read complaint and verification statement. Perused
documents. Heard advocate for the complainant.
2. In view of extensive Guidelines of Hon’ble Supreme Court
in the case of
Sanjabij Tari Vs. Kishor S. Borcar, 2025, SCC Online
S.C. 2069 dated 25.09.2025, there is no necessity to issue notice
under section 223 of BNSS 2023.
3. Averments made in the complaint are supported by an
affidavit. Accused No.1 is Company and Accused No.2 and 3 are the
partners of the Company. Accused No.2 and 3 are responsible for day
to day affairs of accused No.1. The cheque is issued for debt of
accused No.1. The address of accused No.1 to 3 are not within the
limits of jurisdiction of this Court. However, during inquiry u/sec.225
of BNSS 2023, it reveals that cause of action has arose within the
limits of jurisdiction of this court. I found
prima- facie substance and
grounds to proceed against accused Nos.1 to 3 for dishonor of cheque
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2 Case No.18/SC/2022.
and failure to pay the cheque amount on demand. Hence, issue
process against the accused Nos.1 to 3 for the offence punishable
u/sec.138 r/w. 141 of Negotiable Instrument Act on P. F.
4. Issue summons to accused Nos.1 to 3 along with the copy
of the complaint, all documents and copy of affidavit of complainant's
evidence with specific remarks as to liberty of accused Nos.1 to 3 to
make an application for compounding of an offence and to pay the
amount of cheque in question on the first date of hearing of the case
as per the guidelines of Honourable Supreme Court.
5. Simultaneous service of summon to the accused by Dasti
mode (Hamdust), electronic means that is E-mail, Messaging
Application is allowed. Process R/o. 19/10/2026.
Sd/-
(B.S. Sankpal)
Judicial Magistrate (First Class)
Date : 20.07.2026 58th Court, Bandra, Mumbai.
SBA/-
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