Full Order Text
Interim Order 1 · 04 Jul 2024 · CNR MHMM180087402019
Order Details: Order Below EX 1 Pdf Text: MHMM180087402019 Summons Cases SS/5801247/2019 Ashutosh Sathe Vs. Hiten Kishore Desai 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. The cheque in question is issued by accused for the debt. 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 accused on the basis of inquiry held and documents on record. Prima facie substance is found to proceed against accused for dishonour of cheque and failure to pay the cheque amount on demand. Hence, issue process against the accused for the offences punishable u/sec.138 r/w.sec.141 of Negotiable Instrument Act on P.F. 2. The summons to accused 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 his appearance in the case as per the guidlines of Honourable Supreme Court. 3. Process R/o.06.09.2024. Mumbai, (M. P. Saraf) Dated : 04.07.2024 Judicial Magistrate(First Class), 58th Court, Bandra, Mumbai. J.O.Code – MH01362 -- 1 of 2 -- 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 : 04.07.2024. Transcribed and Typed on : 04.07.2024. Order printed and Signed on : 04.07.2024. Order Uploaded on : 04.07.2024. -- 2 of 2 --
