Full Order Text
Order 2 · 01 Dec 2025 · CNR MHMM180044592024
Order Details: Order Below EX 1 Pdf Text: MHMM180044592024 Summary Cases/5800168/2024 M/S LAXMI ENGINEERING AND TRADING COMPANY Vs. M/S LEO LITE 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 223 of BNSS 2023. Therefore, even though earlier notice is issued under section 223 of BNSS 2023 to the accused, there appears no legal necessity to wait for report of the notice as expeditious trial is warranted by law. 3. Averments made in the complaint are supported by an affidavit. Accused No.1 is partnership Firm M/s. Leo Lite and accused No.2 and 3 are Partners of accused No.1 Firm. The cheque is issued for the debt of accused No.1 firm. The accused are 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. I found prima facie substance and grounds to proceed against accused for dishonor of cheque and failure to pay the cheque amount on demand. Hence, issue process against the accused No.1 to 3 for the offence punishable u/sec.138 r/w.141 of Negotiable Instrument Act on P.F. 4. Issue summons to accused alongwith the copy of the complaint, all documents and copy of affidavit of complainant's evidence with specific remarks as to liberty of accused No.1 to 3 to make an 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 No.1 to 3 by Dasti mode (Hamdust), electronic means that is E-mail, Messeging Application is allowed. Process R/o.21.02.2026. Mumbai, (M. P. Saraf) Dated : 01.12.2025 Judicial Magistrate(First Class), 58th Court, Bandra, Mumbai. J.O.Code – MH01362 -- 1 of 2 -- 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 : Judicial Magistrate(First Class), 58th Court, Bandra, Mumbai. Dictated in open court on : 01.12.2025 Transcribed and Typed on : 01.12.2025 Order printed and Signed on : 01.12.2025 Order Uploaded on : 02.12.2025 -- 2 of 2 --