Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180008152025 Summary Cases/50/2025
M/s Aimco Pesticides Limited Through its
authorized representative Mr Milind Vasant
Kaneri Vs. Sri Sumanta Sadhu Proprietor of
M/s Biswa Mohan Sadhu
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.1
Read the complaint, verification. Perused the documents
filed on record. In view of extensive Guidelines of Hon’ble Supreme
Court in the case of
Sanjabij Tari Vs. Kishor S. Borcor, 2025, SCC Online
S.C. 2069 dated 25.09.2025, there is no necessity to issue notice under
section 223 of BNSS 2023. Therefore, even though earlier notice is
issued under section 223 of BNSS 2023 to the accused, there appears
no legal necessity to wait for report of the notice as expeditious trial is
warranted by law.
2. Heard advocate for the complainant.
3. The contents of the complaint are supported by affidavit.
The cheque in question is issued by accused. The accused is not
resident within the limits of jurisdiction of this court. However, during
inquiry u/sec.202 of Cr.P.C. and u/sec.225 of BNSS 2023, it reveals that
cause of action has arose within the limits of jurisdiction of this court. I
found substance and grounds to proceed against accused on the basis
of inquiry held and documents on record. Prima facie substance is
found to proceed against accused for dishonour of cheque and failure
to pay the cheque amount on demand. Hence, issue process against the
accused for the offences punishable u/sec.138 of Negotiable Instrument
Act on P.F.
4. The summons to accused 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
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2 Summary Cases/50/2025
Order Below Exh.01
accused to pay the amount of cheque in question on the first date of his
appearance in the case as per the guidlines of Honourable Supreme
Court.
5. Process R/o.21.01.2026.
Mumbai, (M. P. Saraf)
Dated : 07.10.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code – MH01362
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 : 07.10.2025.
Transcribed and Typed on : 07.10.2025.
Order printed and Signed on : 07.10.2025.
Order Uploaded on : 07.10.2025.
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