Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180087742023
Summary Cases/5800605/2023
Girish Pahilajrai Rupani Vs. Haresh Girdharilal
Chhabria
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW EXH.1
1. Read the complaint, verification. Perused the documents filed on
record. Heard advocate for the complainant. He relied upon the Judgment in
the case of Amar Juice and Restaurant LLP Vs. State of Maharashtra, reported in
2023(3) ABR (CRI)183 delivered by the Hon’ble Bombay High Court. Therefore,
even though the transaction of loan seems on interest, the question as to illegal
money lending transaction can be decided at the time of trial.
2. The contents of the complaint are supported by affidavit. The cheque in
question is issued by accused for the legal liability or 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.
3. 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.
4. Process R/o.13.01.2025.
Mumbai, (M. P. Saraf)
Dated : 22.10.2024 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 : 22.10.2024
Transcribed and Typed on : 22.10.2024
Order printed and Signed on : 22.10.2024
Order Uploaded on : 22.10.2024
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