Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180084592025 Summary Cases/418/2025
Ms OLYMPIA GAMES AND TOYS PVT LTD Through
authorized representative Arvind Vidyashankar Sharma Vs.
MS JUST PARTY A Partnership firm
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.
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. Therefore,
even though earlier notice is issued under section 223 of BNSS 2023 to the accused,
there appears no legal necessity to wait for report of the notice as expeditious trial is
warranted by law.
3. Averments made in the complaint are supported by an affidavit. Accused
No.1 is Partnership Firm and accused No.2 and 3 are partners of accused No.1 firm.
Accused No.2 and 3 are responsible for day to day affairs of accused No.1 firm. The
cheque is issued for debt of accused No.1 firm. The accused are 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 Nos.1
to 3 for dishonor of cheque and failure to pay the cheque amount on demand.
Hence, issue process against the accused Nos.1 to 3 only for the offence punishable
u/sec.138 of Negotiable Instrument Act on P.F.
4. Issue summons to accused 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 3 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 by Dasti mode (Hamdust),
electronic means that is E-mail, Messeging Application is allowed. Process
R/o.02.03.2026.
Mumbai, (M. P. Saraf)
Dated : 09.12.2025 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 : 09.12.2025
Transcribed and Typed on : 09.12.2025
Order printed and Signed on : 09.12.2025
Order Uploaded on : 09.12.2025
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