Full Order Text
Order 1 · 18 Sept 2023 · CNR MHMM180037332023
Order Details: Order Below EX 1 Pdf Text: C.C.No.345/SC/2023 Order Below Exh.01 MHMM180037332023 C.C.No.345/SC/2023 M/S. ARIHANT PAINTS Vs. MODERN LOOK ENTERPRISES IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.1 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.1 is a Partnership firm and accused Nos.2 is its partner. The cheque in question is issued for the partnership firm. 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 the accused for dishonour of cheque and failure to pay the cheque amount on demand. Hence, issue process against the accused Nos.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.20.12.2023. Mumbai, (M. P. Saraf) Dated : 18.09.2023 Metropolitan Magistrate, 58th Court, Bandra, Mumbai. J.O.Code – MH01362 -- 1 of 2 -- C.C.No.345/SC/2023 Order Below 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 : 18.09.2023. Transcribed and Typed on : 18.09.2023. Order printed and Signed on : 18.09.2023. Order Uploaded on : 18.09.2023. -- 2 of 2 --