Full Order Text
Interim Order 1 · 13 Sept 2023 · CNR MHMM180076002022
Order Details: Order Below EX 1 Pdf Text: C.C.NO.523/SC/2022 Exh.01 MHMM180076002022 C.C.NO.523/SC/2022 PRADEEP MAHADEVRAO HAVNUR Vs. M/S RAVI DEVELOPMENTS IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Read the complaint, verification. Perused the documents filed on record. Heard the Ld. Counsel for the complainant. The contents of the complaint are supported by affidavit. The notice reply of the accused is sufficient to accept the agreement in between complainant and the accused. Accused No.2 and 3 are the Partners of accused No.1 Partnership firm. The cheque in question is issued for the Firm. The accused are 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 is arose within the limits of jurisdiction of this court. I found substance and grounds to proceed against accused No.2 on the basis of inquiry held and documents on record. Prima facie substance is found to proceed against accused No.1 to 3 for dishonour of cheque and failure to pay the cheque amount on demand. Hence, issue process against only accused Nos.1 to 3 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 to 3 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 No.1 to 3 to pay the amount of cheque in question on the first date of their appearance in the case as per the guidelines of Honourable Supreme Court. 3. Process R/o.28.12.2023. ( M. P. Saraf ) Metropolitan Magistrate, Date : 13.09.2023 58th Court, Bandra, Mumbai. J.O.Code: MH01362 -- 1 of 2 -- C.C.NO.523/SC/2022 Exh.01 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 : Metropolitan Magistrate, 58th Court, Bandra, Mumbai. Dictated in open court on : 13.09.2023. Transcribed and Typed on : 13.09.2023. Order printed and Signed on : 13.09.2023. Order Uploaded on : 13.09.2023. -- 2 of 2 --
