Order 3

Order Details: Order Below EX 1
Pdf Text: MHMM180089672024
Summary Cases/5800385/2024
Amit Jaipal Jain Vs. Biotech Fuels Private Limited
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
Read the complaint, verification. Perused the documents filed on
record.
2. Heard advocate for the complainant. Heard advocate for accused
on the point of issuance of process as required under section 223 of
BNSS 2023. Till date more than sufficient opportunity given by the
accused for exercising right of hearing them under section 223 of
BNSS, 2023. There is reason to believe that accused are taking
disadvantage of said provision to protract the litigation. There is
sufficient material on record to take cognizance of the complaint. The
contents of the complaint are supported by affidavit. Accused No.1 is
the company and accused No.2 and 3 are the directors and responsible
for the day to day affairs of accused No.1 company. The cheque in
question is issued on behalf of accused No.1 company against the legal
liability. The accused are not residents within the limits of jurisdiction
of this court. However, during inquiry u/sec.225 of BNSS 2023, it
reveals that cause of action is arose within the limits of jurisdiction of
this court. I found substance and grounds to proceed against the
accused 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 the accused Nos.1 to 3 for the offences
punishable u/sec.138 r/w. sec.141 of Negotiable Instrument Act on P.F.
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2 Summary Cases/5800385/2024
Order Below Exh.01
3. 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.
4. Process R/o.11.08.2025.
( M. P. Saraf )
Judicial Magistrate (First Class),
Date : 09.05.2025 58th Court, Bandra, Mumbai.
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 : 09.05.2025
Transcribed and Typed on : 09.05.2025
Order printed and Signed on : 09.05.2025
Order Uploaded on : 09.05.2025
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