Interim Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180052632025 Summary Cases/241/2025
Mr Ram Pahilajrai Gopalani Vs. Mr Subramani
N. Nayak
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 to the accused, no legal
necessity appears 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. The
cheque is issued by accused Subramani Narayan Nayak. 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 Subramani Narayan Nayak 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 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.
5. Process R/o.21.01.2026.
Mumbai, (M. P. Saraf)
Dated : 27.10.2025 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 : 27.10.2025
Transcribed and Typed on : 27.10.2025
Order printed and Signed on : 27.10.2025
Order Uploaded on : 27.10.2025
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