Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180065342022
IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
AT COURT NO.58, BANDRA, MUMBAI
Summary Case No.461/SC/2022
M/S SHIV GARMENTS ...Complainant.
V/s.
M/S ARYA GARMENTS ...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. The cheques are issued by accused. Accused 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 for dishonor of
cheque and failure to pay the cheque amount on demand. Hence,
issue process against accused for the offence punishable u/sec.138 of
Negotiable Instrument Act on P.F.
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4. Issue summons to accused 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 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. 15.12.2026
Sd/-
(B.S. Sankpal)
Judicial Magistrate (First Class)
Date : 07.09.2026 58th Court, Bandra, Mumbai.
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