Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180045732024
Summary Cases/5800178/2024
Raju Amarlal Talreja Vs. Sanjeev J Kamdar
Proprietor Silver Stars And Co
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW EXH.1
Read the complaint, verification. Perused the documents
filed on record. Heard advocate for the complainant. The complainant
is a legal heir of deceased Amarlal L. Talreja. He is holder in due
course of cheque in question. Therefore, in view of Judgment of
Hon’ble Supreme Court, in the case of Shankar Lal Vs. Sanyogita Devi
(Dead) through Lrs., the complainant being legal heir of the deceased
Amarlal L. Talreja and being holder in due course of cheque, complaint
is maintainable. The contents of the complaint are supported by
affidavit. The cheque in question is issued by accused for the debt. The
accused is not resident within the limits of jurisdiction of this court.
However, during inquiry u/sec.202 of Cr.P.C. it reveals that cause of
action has arose within the limits of jurisdiction of this court. I found
substance and grounds to proceed against accused on the basis of
inquiry held and documents on record. Prima facie substance is found
to proceed against accused for dishonour of cheque and failure to pay
the cheque amount on demand. Hence, issue process against the
accused for the offences punishable u/sec.138 r/w.sec.141 of
Negotiable Instrument Act on P.F.
2. The summons to accused be sent alongwith the copy of the
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Order Below Exh.01
complaint, all documents annexed to the complaint and copy of
affidavit of complainant's evidence with specific remarks as to liberty of
accused to pay the amount of cheque in question on the first date of his
appearance in the case as per the guidlines of Honourable Supreme
Court.
3. Process R/o.07.10.2024.
Mumbai, (M. P. Saraf)
Dated : 06.07.2024 Judicial Magistrate, First Class,
58th Court, Bandra, Mumbai.
J.O.Code – MH01362
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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 : 06.07.2024.
Transcribed and Typed on : 06.07.2024.
Order printed and Signed on : 06.07.2024.
Order Uploaded on : 06.07.2024.
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