Order 1

Order Details: Copy of Document.
Pdf Text: MHMM180041432026 Summary Cases/281/2026
OMKARA ASSETS RECONSTRUCTION PVT
LTD Vs. MAHARUDRA STONE CRUSHER &
SAND Co. A Partnership Firm.
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.1
Read complaint and verification statement. Perused documents.
Heard advocate for the complainant.
2. In view of extensive Guidelines of Hon’ble Supreme Court in the
case of
Sanjabij Tari Vs. Kishor S. Borcar, 2025, SCC Online S.C. 2069
dated 25.09.2025, there is no necessity to issue notice under section 22
3 of BNSS 2023.
3. Averments made in the complaint are supported by an affidavit.
The cheque is issued by accused. Accused is not resident within the
limits of jurisdiction of this court. However, during inquiry u/sec.225 of
BNSS 2023, it reveals that cause of action has arose within the limits of
jurisdiction of this court. Accused No.01 is Partnership Firm. Accused
Nos.02 and 03 are Partners of accused No.01 firm and Signatories of
the cheque. Accused Nos.4 to 12 are guarantors. Offence is not made
out against accused Nos. 04 to 12. I found prima facie substance and
grounds to proceed against accused Nos. 01 to 03 for dishonor of
cheque and failure to pay the cheque amount on demand. Hence, issue
process against accused Nos. 01 to 03 for the offence punishable
u/sec.138 of Negotiable Instrument Act on P.F.
4. Issue summons to accused Nos. 01 to 03 alongwith the copy of
the complaint, all documents and copy of affidavit of complainant's
evidence with specific remarks as to liberty of accused to make an
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application for compounding of an offence and to pay the amount of
cheque in question on the first date of hearing of the case as per the
guidlines of Honourable Supreme Court.
5. Simultenious service of summon to the accused by Dasti mode
(Hamdust), electronic means that is E-mail, Messeging Application is
allowed. Process R/o.07.01.2027.
Sd/-
Mumbai, (B.S.Sankpal)
Date : 17.09.2026 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code – MH02385
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