Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180073132021
Summons Cases SS/5800665/2021
KOTAK MAHINDRA BANK LTD Vs. M/S ATHARVA ENTERPRISES
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW EXH.1
Read the complaint, verification. Perused the documents filed on
record. Heard advocate for the complainant. The contents of the complaint are
supported by affidavit. Accused No.2 is a proprietor of accused No.1 Proprietory
firm M/s.Atharva 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. it reveals that cause of action has arose within the limits of
jurisdiction of this court. I found substance and grounds to proceed against only
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 and 2 for the offences punishable u/sec.138
r/w.sec.141 of Negotiable Instrument Act on P.F.
2. The summons to accused No.1 and 2 only 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.
3. Process R/o.10.02.2025.
Mumbai, (M. P. Saraf)
Dated : 10.12.2024 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 : 10.12.2024.
Transcribed and Typed on : 10.12.2024.
Order printed and Signed on : 10.12.2024.
Order Uploaded on : 10.12.2024.
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