Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180052602025 Summary Cases/239/2025
Ms Shree Shubh Stores Through its Proprietor
Mr Varun Mangilal Ambawat Vs. M/S.
GURUDATT PACKAGING
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. Notice under section 223 of BNSS 2023 was duly
served to accused No.1 by Registered Post.
2. In view of extensive Guideglines 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. Accused
No.1 is a Proprietary Firm and accused No.2 is Proprietor and responsible for day to
day affairs of accused No.1 firm. Accused No.2 is signatory of the cheque. The
cheque is issued for debt of accused No.1 firm. The accused No.2 Proprietor of
accused No.1 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. I found prima facie substance and
grounds to proceed against accused Nos.1 and 2 for dishonor of cheque and failure
to pay the cheque amount on demand. Hence, issue process against accused Nos.1
and 2 for the offence punishable u/sec.138 r/w. 141 of Negotiable Instrument Act on
P.F.
4. Issue summons to accused Nos.1 and 2 alongwith the copy of the complaint,
all documents and copy of affidavit of complainant's evidence with specific remarks
as to liberty of accused Nos.1 and 2 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 accused Nos.1 and 2 by Dasti mode
(Hamdust), electronic means that is E-mail, Messeging Application is allowed.
Process R/o.20.06.2026.
Mumbai, (M. P. Saraf)
Dated : 13.03.2026 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 : 13.03.2026
Transcribed and Typed on : 13.03.2026
Order printed and Signed on : 13.03.2026
Order Uploaded on : 13.03.2026
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