Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.NO.269/SC/2023
Exh.01
MHMM180029472023
C.C.NO.269/SC/2023
SUNBOURNE DEVELOPERS PVT. LTD. Vs.
TUCKER FOOD AND HOSPITALITY LLP
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA,
MUMBAI
ORDER BELOW EXH.01
Read the complaint, verification. Perused the documents filed on
record. Heard the Ld. Counsel for the complainant. The contents of the complaint
are supported by affidavit. There is reason to believe that accused No.2 and 3 are
the Partners and accused No.2 is authorised signatory of accused No.1 LLP. The
cheque in question is issued for the Company. 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 to 3 for dishonour of cheque and failure to pay the cheque amount on
demand. Hence, issue process against the accused Nos.1 to 3 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 to 3 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 to 3 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.30.11.2023.
( M. P. Saraf )
Metropolitan Magistrate,
Date : 23.08.2023 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
-- 1 of 2 --
C.C.NO.269/SC/2023
Exh.01
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 : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 23.08.2023.
Transcribed and Typed on : 23.08.2023.
Order printed and Signed on : 23.08.2023.
Order Uploaded on : 24.08.2023.
-- 2 of 2 --