Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180094732019 Summons Cases SS/5801413/2019
PHOENIX ARC PVT LTD Vs. Bhorosha Rice Mill
Pvt Ltd
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.
3. Averments made in the complaint are supported by an affidavit. Accused
No.1 is Private Limited Company M/s. Bhorosha Rice Mill Pvt. Ltd. and accused
No.3 is the active partner/Director of accused No.1 company and signatory of
the cheque. Accused No.3 is responsible of day to day affairs of accused No.1
company. The cheque is issued for the debt of accused No.1 company. The
accused are not resident within the limits of jurisdiction of this court. However,
during inquiry u/sec.202 of Cr.P.C. and 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 for dishonor of cheque and
failure to pay the cheque amount on demand. Hence, issue process against the
accused No.1 and 3 only for the offence punishable u/sec.138 r/w.141 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 No.1 and 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 No.1 and 3 by Dasti mode
(Hamdust), electronic means that is E-mail, Messeging Application is allowed.
Process R/o.26.02.2026.
Mumbai, (M. P. Saraf)
Dated : 05.12.2025 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 : 05.12.2025
Transcribed and Typed on : 05.12.2025
Order printed and Signed on : 05.12.2025
Order Uploaded on : 05.12.2025
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