Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180095452022
Summary Cases/5800655/2022
KOTAK MAHINDRA BANK LTD Vs. M/S TOTO PRE
STRESSING SYSTEM PVT. LTD
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. Heard advocate for the complainant. 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.202 of Cr.P.C. 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.
2. 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.
3. Process R/o.10.02.2025.
( M. P. Saraf )
Judicial Magistrate (First Class),
Date : 10.12.2024 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 : 10.12.2024.
Transcribed and Typed on : 10.12.2024.
Order printed and Signed on : 10.12.2024.
Order Uploaded on : 10.12.2024.
-- 2 of 2 --