Full Order Text
Order 1 · 02 Sept 2023 · CNR MHMM180037162023
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 -- 1 of 2 -- 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. -- 2 of 2 --