Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180006722020
Summons Cases SS/5800133/2020
KOTAK MAHINDRA BANK LTD Vs. M/S
PROSPECT ENGINEERING AND ORS
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
Read the complaint, verification. Perused the documents filed
on record. Heard advocate for the complainant. The contents of the
complaint are supported by affidavit. Accused No.1 is the company and
accused No.2 is the director, signatory and responsible for the day to day
affairs of accused No.1 company. The cheque in question is issued on
behalf of accused No.1 company against the legal liability. The accused are
not residents within the limits of jurisdiction of this court. However,
during inquiry u/sec.202 of Cr.P.C. it reveals that cause of action is arose
within the limits of jurisdiction of this court. I found substance and
grounds to proceed against the accused on the basis of inquiry held and
documents on record. Prima facie substance is found to proceed against
accused No.1 and 2 for dishonour of cheque and failure to pay the cheque
amount on demand. Hence, issue process against the accused Nos.1 and 2
for the offences punishable u/sec.138 r/w. sec.141 of Negotiable
Instrument Act on P.F.
2. The summons to accused No.1 and 2 be sent alongwith the
copy of the complaint, all documents annexed to the complaint and copy
of affidavit of complainant's evidence with specific remarks as to liberty of
accused No.1 and 2 to pay the amount of cheque in question on the first
date of their appearance in the case as per the guidelines of Honourable
Supreme Court.
3. Process R/o.18.06.2025.
( M. P. Saraf )
Judicial Magistrate (First Class),
Date : 11.02.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate (First Class), 58th Court,
Bandra, Mumbai.
Dictated in open court on : 11.01.2025
Transcribed and Typed on : 11.01.2025
Order printed and Signed on : 11.01.2025
Order Uploaded on : 11.01.2025
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