Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.NO.332/SC/2023
Exh.01
MHMM180037162023
C.C.NO.332/SC/2023
JASMEET SINGH SETHI - THROUGH HIS C.A. - MR.
HILLARY KINNY Vs. SAI VIBHUTI HOSPITALITY AND
RESTATURANTS PRIVATE LTD.
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. Accused No.2 and 3 are the directors of
accused No.1 company. The cheque in question is issued for the Company
and accused No.2 and 3 are the signatories of the cheque. The accused are
residents within the limits of jurisdiction of this court. The cause of action has
arose within the jurisdiction of this court after presenting the cheque for
encashment. I found substance and grounds to proceed against accused No.1
to 3 on the basis of 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 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 only accused Nos.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 Nos.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.24.11.2023.
( M. P. Saraf )
Metropolitan Magistrate,
Date : 02.09.2023 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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C.C.NO.332/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 : 02.09.2023.
Transcribed and Typed on : 02.09.2023.
Order printed and Signed on : 02.09.2023.
Order Uploaded on : 02.09.2023.
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