Full Order Text
Order 1 · 13 Nov 2024 · CNR MHMM180020722024
Order Details: Order Below EX 1 Pdf Text: MHMM180020722024 Summary Cases/5800056/2024 Balu Kachru Yeshwante Vs. Payal Sumeet Rathod 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. Heard advocate for the complainant. The contents of the complaint are supported by affidavit. The accused No.1 and 2 seems to be Proprietor of M/s. Tiyara Consultancy. The cheque in question is issued by accused No.1 under her signature for the legal liability or debt of their Proprietorship Firm. The statutory notice issued to the accused No.1 and 2 prima facie shows that both are Proprietors of the firm. The accused are not resident within the limits of jurisdiction of this court. However, during inquiry u/sec.202 of Cr.P.C. 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 No.1 and 2 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 No.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 guidlines of Honourable Supreme Court. 3. Process R/o.16.01.2025. Mumbai, (M. P. Saraf) Dated : 13.11.2024 Judicial Magistrate(First Class), 58th Court, Bandra, Mumbai. J.O.Code – MH01362 -- 1 of 2 -- 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 : 13.11.2024 Transcribed and Typed on : 13.11.2024 Order printed and Signed on : 13.11.2024 Order Uploaded on : 13.11.2024 -- 2 of 2 --
