Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180081292024 Summary Cases/5800306/2024
Arvind Murji Gami Vs. Kamal Sewaram
Jadhwani
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. Perused reply filed by 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, in
fact there is no necessity to issue notice under section 223 of BNSS 2023. The
defences of accused are not maintainable at this stage.
3. Averments made in the complaint are supported by an affidavit. Accused
No.2 is Partnership Firm and accused Nos.1, 3 and 4 are partners of accused No.2
firm. Accused Nos.1, 3 and 4 are responsible for day to day affairs of accused No.2
firm. The cheque is issued for debt of accused No.2 firm. The address of accused 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 of this court. I found prima facie substance and grounds to proceed
against accused Nos.1 to 4 for dishonor of cheque and failure to pay the cheque
amount on demand. Hence, issue process against the accused Nos.1 to 4 for the
offence punishable u/sec.138 r/w. 141 of Negotiable Instrument Act on P.F.
4. Issue summons to accused Nos.1 to 4 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 to 4 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 guidlines of Honourable Supreme Court.
5. Simultenious service of summon to the accused Nos.1 to 4 by Dasti mode
(Hamdust), electronic means that is E-mail, Messeging Application is allowed.
Process R/o.30.06.2026.
Mumbai, (M. P. Saraf)
Dated : 10.04.2026 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
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J.O.Code – MH01362
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 : 10.04.2026
Transcribed and Typed on : 10.04.2026
Order printed and Signed on : 10.04.2026
Order Uploaded on : 10.04.2026
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