Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180097972025 Summary Cases/463/2025
M/s OLYMPIA GAMES and TOYS PVT LTD Vs. Ms JUST
PARTY A PARTNERSHIP FIRM
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 M/s. Just Party is a Partnership Firm and accused No.2 to 4 are
its partners. The cheque in question is issued on behalf of accused No.1 Firm
against the legal liability. The accused are not resident within the limits of
jurisdiction of this court. However, during inquiry u/sec.202 of Cr.P.C. and
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 No.1 to 4 for dishonor of cheque and failure to
pay the cheque amount on demand. Hence, issue process against accused
Nos.1 to 4 for the offence punishable u/sec.138 r/w. sec.141 of Negotiable
Instrument Act on P.F.
4. Issue summons to accused Nos.1 to 4 alongwith 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 to 4 to pay the amount of
cheque in question on the first date of their appearance in the case as per the
guidlines of Honourable Supreme Court.
5. Process R/o.29.01.2026.
Mumbai, (M. P. Saraf)
Dated : 13.10.2025 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 : 13.10.2025.
Transcribed and Typed on : 13.10.2025.
Order printed and Signed on : 13.10.2025.
Order Uploaded on : 13.10.2025.
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