Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180057952025
IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
AT COURT NO.58, BANDRA, MUMBAI
Summary Case No.260/SC/2025
M/s. Shashi Dhawal Hydraulics Pvt. Ltd. ...Complainant.
V/s.
1. M/s. Shivam Engineers
2. Mr. Hitendra Pandya
(Proprietor of M/s. Shivam Engineers) ...Accused.
ORDER BELOW EXHIBIT- 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. Accused No.1 is Company and Accused No.2 is Proprietor of
the Company. Accused No.2 is responsible for day to day affairs of
accused No.1. The cheques are issued for debt of accused No.1. The
address of accused No.1 and 2 are not 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
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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 the
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 along with 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 guidelines of Honourable Supreme
Court.
5. Simultaneous service of summon to the accused by Dasti
mode (Hamdust), electronic means that is E-mail, Messaging
Application is allowed. Process R/o. 28/10/2026.
Sd/-
(B.S. Sankpal)
Judicial Magistrate (First Class)
Date : 03.08.2026 58th Court, Bandra, Mumbai.
SBA/-
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