Full Order Text
Order 2 · 03 Oct 2025 · CNR MHMM180050542025
Order Details: Order Below EX 1 Pdf Text: 1 Summary Cases/212/2025 Order Below Exh.01 MHMM180050542025 Summary Cases/212/2025 INDIACRETE READY MIX PRIVATE LIMITED THROUGH PRAKASH DAMJI KOTHAWALE Vs. IQRA DECORATORS 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. In view of extensive Guidelines of Hon’ble Supreme Court in the case of Sanjabij Tari Vs. Kishor S. Borcor, 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. 2. Heard advocate for the complainant. 3. The contents of the complaint are supported by affidavit. Accused No.2 is a proprietor of Proprietory firm M/s. Iqra Decorators. The cheque in question is issued by accused No.2 for the debt of proprietorship firm of which he is proprietor. The accused is not resident within the limits of jurisdiction of this court. However, during inquiry u/sec.202 of Cr.P.C. and u/sec.225 of BNSS 2023, 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 No.1 and 2 on the basis of inquiry held and documents on record. Prima facie substance is found to proceed against accused No.1 and 2 for dishonour of cheque and failure to pay the cheque amount on demand. Hence, issue process against the accused No.1 to 2 for the offences punishable u/sec.138 r/w.sec.141 of Negotiable Instrument Act on P.F. -- 1 of 2 -- 2 Summary Cases/212/2025 Order Below Exh.01 4. 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 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. 5. Process R/o.20.01.2026. Mumbai, (M. P. Saraf) Dated : 03.10.2025 Judicial Magistrate(First Class), 58th Court, Bandra, Mumbai. J.O.Code – MH01362 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 : 03.10.2025. Transcribed and Typed on : 03.10.2025. Order printed and Signed on : 03.10.2025. Order Uploaded on : 04.10.2025. -- 2 of 2 --