Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180091382025
IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
AT COURT NO.58, BANDRA, MUMBAI
Summary Case No.442/SC/2025
M/s. OLYMPIA GAMES & TOYS PVT. LTD. ...Complainant.
V/s.
1. Jamka Kumar
Authorised Signatory and Proprietor of
M/s. MAHIPAL ART & STATIONERY.
2. Bhavani ...Accused.
ORDER BELOW EXHIBIT- 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.
3. Averments made in the complaint are supported by an
affidavit. Accused No.1 is Authorised Signatory and Proprietor of
M/s. MAHIPAL ART & STATIONERY and Accused No.2 has signed on
behalf of M/s. MAHIPAL ART & STATIONERY. Accused Nos.1 and 2
are responsible for day to day affairs of the company. The cheque is
issued for legally enforceable debt. The address of accused Nos.1 and
2 are not within the limits of jurisdiction of this Court. However,
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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 and 2
for dishonor of cheque and failure to pay the cheque amount on
demand. Hence, issue process against the accused Nos.1 and 2 for the
offence punishable u/sec.138 r/w. 141 of Negotiable Instrument Act
on P. F.
4. Issue summons to accused Nos.1 and 2 along with 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 and 2 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 guidelines of Honourable Supreme
Court.
5. Simultaneous service of summon to the accused by Dasti
mode (Hamdust), electronic means that is E-mail, Messaging
Application is allowed. Process R/o. 31/10/2026.
Sd/-
(B.S. Sankpal)
Judicial Magistrate (First Class)
Date : 06.08.2026 58th Court, Bandra, Mumbai.
SBA/-
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