Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180052562022 Summary Cases/5800404/2022
MR. RAJESH SHAMJI RATHOD Vs. MR.
RAMAKANT VISHRAM JADHAV
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.
3. Averments made in the complaint are supported by an affidavit. The
cheque is issued by accused. The accused is not resident within the limits of
jurisdiction of this court. However, during inquiry u/sec.202 of Cr.P.C. and 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 for the offence punishable
u/sec.138 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 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 by Dasti mode
(Hamdust), electronic means that is E-mail, Messeging Application is allowed.
Process R/o.09.03.2026.
Mumbai, (M. P. Saraf)
Dated : 30.12.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code – MH01362
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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 : 30.12.2025
Transcribed and Typed on : 30.12.2025
Order printed and Signed on : 30.12.2025
Order Uploaded on : 30.12.2025
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