Interim Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180058022025 Summary Cases/266/2025
KESHARI PRASAD HOSPITALITY LLP Through
its Partner Mr Arun Keshari Prasad Tiwari Vs.
AAYONI HOSPITALITY
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. Heard advocate for accused.
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 Aayoni Hospitality is Proprietor Firm. The cheque is issued by
accused No.2 for accused No.1 firm. The accused Nos.1 and 2 are 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 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 offences punishable
u/sec.138 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 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.08.01.2026.
Mumbai, (M. P. Saraf)
Dated : 15.10.2025 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 : 15.10.2025.
Transcribed and Typed on : 15.10.2025.
Order printed and Signed on : 15.10.2025.
Order Uploaded on : 15.10.2025.
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