Interim Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180054822025 Summary Cases/252/2025
Kay tee International through Sunill Talreja Vs.
Sumit Enterprises proprietorship of Varsha
Sanjay Musale
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.1
Accused duly served with the notice under section 223 of BNSS.
Accordingly, accused is represented by advocate. Heard both sides.
2. Read the complaint, verification. Perused the documents filed on
record. Actually in view of latest 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.
3. The contents of the complaint are supported by affidavit. Accused
No.2 is a proprietor of Proprietory firm M/s. Sumit Enterprises. 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.
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
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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 : 03.10.2025.
Transcribed and Typed on : 03.10.2025.
Order printed and Signed on : 03.10.2025.
Order Uploaded on : 04.10.2025.
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